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(영문) 서울중앙지방법원 2015.06.11 2015고정1809
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity of users and the details of such transaction.

Around October 2014, the Defendant was offered a proposal to lend money to the Defendant when sending a passbook, e-mail card, etc. from an unqualified person.

The Defendant had previously sent the passbook and cash card in order to obtain a loan by such a way as above, and had experience in getting the loan and being returned to the passbook, etc., so the Defendant thought that even if sending the passbook and cash card to the above-mentioned person, it may not be returned.

Nevertheless, around October 8, 2014, the Defendant transferred the means of access to electronic financial transactions, such as passbooks and physical cards, to a company bank account (D) in the name of the Defendant on the road in front of his/her dwelling place in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, to a person who has no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 12837, Oct. 15, 2014); the choice of fines for criminal facts;

1. Articles 70 (1) 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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