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(영문) 수원지방법원 안양지원 2014.12.19 2014고단1063
전자금융거래법위반
Text

Defendants shall be punished by each fine of KRW 700,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. At around 10:00 on November 11, 2013, Defendant A transferred Kwikset service provider’s deposit passbooks (D), physical card, and passwords under the name of Defendant to Kwikset service provider, who sent it to Kwikset service provider in front of 102 Seo-dong, Seodong-dong, Ulsan-gu.

2. On November 11, 2013, around 16:00, Defendant B transferred Kwikset service article sent by a Buddhist borrower to F in Busan Gangseo-gu, to the Defendant’s name a post office deposit passbook (G), physical card, and password.

3. Around November 7, 2013, Defendant C transferred Kwikset service article sent by a sub-branch of the Nonghyup Korea Marine University located in Busan Metropolitan City, Young-dong, to the Defendant’s name the Agricultural Cooperative Deposit P.C. (H), physical card, and password.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. The police statement of I (the defendant did not confirm at all the lending company's office, etc. other than his/her name and telephone call prior to the transfer of the means of access, and did not specify the loan interest rate, repayment method, etc., and, without setting the time, place, method, etc. of returning the passbook and card, Kwikset service articles through Kwikset service articles, and did not take any measures even without receiving the means of access to the means of access. There was no negligence in transferring the means of access, and the application of the law is recognized).

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access issued by the Defendants is disadvantageous to the actual crime.

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