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(영문) 의정부지방법원 고양지원 2015.05.15 2015고정310
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No one shall give any consideration and lend any means of access in using and managing the means of access.

On April 2014, the Defendant: (a) received KRW 3 million from a person who is unable to know his name in front of a cross-city bus terminal located in Heung-gu Ho-dong, Young-gu, Sinju; (b) issued a physical card (Account Number: B) and a password, which is the means of access in the agricultural bank account in the name of the Defendant, to a person whose name is unknown, using bus freight.

Accordingly, the Defendant lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of police;

1. Application of Acts and subordinate statutes on the details of transactions;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) on criminal facts [The amount of fine determined by the summary order is somewhat excessive in light of the Defendant’s health condition and educational degree]

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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