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(영문) 서울중앙지방법원 2014.09.25 2014고정4049
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access for electronic financial transactions unless otherwise specifically provided for in any other Act.

Nevertheless, on April 18, 2014, the Defendant accepted the proposal that “I would make a loan by raising the performance of the passbook,” and then, on the same day, issued each passbook and two physical cards of the new bank accounts (Account Number: D) and post office accounts under the name of the Defendant in front of the restaurant located in Gangnam-gu Seoul Metropolitan Government (hereinafter “C”) through Kwikset service.

Accordingly, the Defendant transferred the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. Application of Acts and subordinate statutes to report internal investigation (the result of execution of a warrant for search, inspection);

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

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

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