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(영문) 서울중앙지방법원 2014.12.11 2014고정5130
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Except as otherwise provided for in Acts and subordinate statutes, no one shall lend any means of access necessary for electronic financial transactions in return for any consideration.

Nevertheless, on August 7, 2014, the Defendant accepted a proposal that “to pay the user fee of KRW 4.6 million per month on the face of the lease of the passbook,” from a person who has failed to obtain his/her name, and accepted it.

8. At the time of the Government, the Defendant lent the means of access to a new bank passbook (Account Number C), a national bank passbook (Account Number D), and each cash card and password connected thereto, through Kwikset service, to the name in which the Defendant was named.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authenticity and written statements;

1. Details of account transfer and the application of the Acts and subordinate statutes on replies following the execution of warrants;

1. Article 49 (4) 2 and Article 6 (3) 2 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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