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(영문) 제주지방법원 2014.10.24 2014고정394
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2014 high-level 394] Any person may not issue a transaction request in electronic financial transactions or transfer a means of access used to secure the authenticity and accuracy of users and transaction details to “F” on May 2012. However, the Defendant transferred the means of access necessary for financial transactions, such as passbook and cash card, connected to the account in the name of Seoul Northern-gu Seoul Northern-gu, Seoul, around May 2012.

[2014 fixed-term 396] Any person may not make a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and transaction details. However, the Defendant lent the means of access, such as cash cards,opt security cards, and authorized certificates, connected to the deposit account (G) in the name of a new bank (G) in the name of a stock company, to “F” in return for the amount of KRW 500,000 to KRW 1 million.

Summary of Evidence

[2014 High Court Decision 394]

1. Police suspect interrogation protocol of the accused;

1. An investigation report (a detailed statement of transaction attached - D) (2014 fixed-396);

1. Police suspect interrogation protocol of the accused;

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

1. Relevant legal provisions and the selection of a sentence concerning facts constituting an offense: Articles 49 (4) 1, 6 (3) 1, 49 (4) 2, and 6 (3) 2 of the Electronic Financial Transactions Act (a point of transfer of access means), 49 (3) 2, and 6 (3) 2 of the same Act; the selection of each fine;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Provisional Payment Order: The sentence shall be imposed as ordered in consideration of all the following circumstances with the reason for sentencing under Article 334(1) of the Criminal Procedure Act. favorable circumstances: the means of access transferred is a different fraud.

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