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(영문) 대전지방법원 2014.11.27 2014고단972 (1)
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or take over a cash card or a passbook attached with his/her belt (a password necessary for the use of a cash card and a user number registered with a financial institution or an electronic financial institution), etc., or establish a pledge, lease or take over such means of access in return for compensation, arrange the lending or taking such means of access, etc.

Around June 11, 2013, the Defendant transferred a new bank passbook (Account Number C), a physical card, and a passbook (Account Number D) of Korea standards, and a physical card (Account Number: D) of 2.50,000 won to a person under whose name the Defendant was named, at a coffee shop near the Park Gyeyang-gu Incheon.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each prosecutor's interrogation protocol concerning E and F;

1. Each police suspect interrogation protocol for G, F, H, and E;

1. Each police officer's statement of I, J, K, and L (a copy of each police officer's statement);

1. Written statements;

1. Application of Acts and subordinate statutes of the investigative report (No. 136) (Evidence List);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense (the transfer of any access medium);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Determination of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment; consideration of the following factors: (a) statement of the reason for sentencing; (b) profits from the number of accounts transferred; (c) motive and circumstance leading to the crime; (d) the previous case and whether

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