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(영문) 광주지방법원 목포지원 2014.05.01 2014고단166
전자금융거래법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or acquire any means of access used in electronic financial transactions.

Nevertheless, on April 2013, the Defendant sent a passbook and physical card to the new bank account (Account Number C) in the name of the Defendant using a house in front of the Seocho-si B apartment in Seocho-si, 2013 and transferred the means of access by receiving KRW 100,000 in return for the transfer of passbook and physical card from the person who has failed to perform his/her name.

Summary of Evidence

1. Partial statement of the defendant;

1. Data of financial transactions;

1. - Account transaction details (the defendant alleged that he was not transferred by lending the passbook and the check card, but in light of the following circumstances acknowledged by the above evidence, the defendant opened a passbook and opened it in detail to the other party who lent the passbook and the check card, and it seems that there was no special agreement on the time and method of returning the passbook and the check card, etc., the defendant transferred the passbook and the check card to the named party. Even if the defendant lent the passbook and the check card, the defendant was punished by the same statutory punishment as the transfer of the passbook and the check pursuant to Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act as long as the defendant lent the passbook and the check card in return for compensation.

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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