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(영문) 부산지방법원 2013.12.04 2013고정5114
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On June 27, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime, etc. at the Busan District Court for the same year.

9.24. The judgment became final and conclusive.

No person shall lend any means of access issued for electronic financial transactions by a financial institution or electronic financial business operator in return for any consideration.

Nevertheless, the Defendant would pay 50,000 won per day from a person who could not know his/her name that he/she became aware of through the Internet search. Accordingly, he/she heard words to ask the Defendant to lend a passbook opened in the name of the Defendant, and he/she received the means of access to the account opened in the name of the Defendant around July 18, 2012.

Accordingly, on August 2012, the Defendant sent the passbook and one cash withdrawal card in the bank account (Account Number B) opened under the name of the Defendant to a person whose name cannot be known, and received KRW 50,000 from a person whose name is unknown, after delivering the passbook and one cash withdrawal card in the account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on investigation;

1. Previous records: Criminal records, defendant's legal statement, and application of Acts and subordinate statutes governing judgment;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 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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