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(영문) 의정부지방법원 고양지원 2014.10.01 2014고정869
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. No person may lend a means of access for electronic financial transactions in return for any consideration;

Nevertheless, on December 2013, the Defendant accepted the proposal that “on the face of lending the passbook, the Defendant would pay KRW 2 million if he/she lends the passbook.” On December 2013, 2013, the Defendant sent the agricultural bank passbook (Account NumberC) in the name of the Defendant and the linked physical card to Kwikset through Kwikset’s service.

Accordingly, the Defendant lent the means of access for electronic financial transactions at a price.

2. No person may transfer a means of access for electronic financial transactions;

Nevertheless, around December 13, 2013, the Defendant accepted the proposal that “The revenue of KRW 300,000,000 may be raised from every 200,000 won per month on the face of the passbook” from D and transferred the passbook (Account Number:E) and the check linked to the name of the Defendant to D.

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

Summary of Evidence

1. Defendant B’s legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act; Defendant A who selects a fine: Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act; Article 6 (3) 1 of the Electronic Financial Transactions Act; Selection of a fine;

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

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the orders for provisional payment (defendants);

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