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(영문) 인천지방법원 2015.04.23 2014고정4525
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall lend any means of access for compensation to any third person unless otherwise specifically provided for in other Acts.

Nevertheless, on May 2012, the Defendant lent the passbook to a person who was named in his/her name, on condition that he/she received KRW 40,000 per day, and around May 22, 2012, the Defendant opened the National Bank Account (Account Number C) in the name of the Defendant at the National Bank located in the Gangseo-gu Seoul Metropolitan Government Seodong, Gangseo-gu, Seoul, and then, using Kwikkset Service, issued the passbook, check card, and password to the above national bank, and lent the means of access for consideration by receiving KRW 80,000 won in total, KRW 40,000 per day.

No person of "2014 high-level 4527" shall lend to any other person the passbook, physical card, etc. which is an electronic financial transaction at a consideration.

Nevertheless, on May 15, 2012, if the Defendant lent an account from a person with no name, he/she would receive 40,000 won per account, and around May 15, 2012, the Defendant opened an account under the name of the Defendant at the 3-dong Book Book of Han Bank, Gangseo-gu Seoul Metropolitan Government, in the name of Han Bank, and then issued cash cards, etc. connected to the said account to the above account to the above person with Kwikset’s name, using Kwikset’s service, and received KRW 270,00 won from that time until May 17, 2012.

Accordingly, the Defendant lent the means of access in return for compensation.

Summary of Evidence

[2014 High Court Decision 4525]

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. Details of transactions of automation machinery, and details of account transactions;

1. Investigation report (specific date of crime in violation of the Electronic Financial Transactions Act);

1. Court statement of the defendant (the second trial date);

1. F’s statement of statement;

1. Application of the Acts and subordinate statutes to investigation reports (the filing of trade details inquiry reports) and trade statements in G name, the details of transactions;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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