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(영문) 광주지방법원 2014.01.16 2013고정2314
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[2013 Highly 2314] On July 2013, the Defendant agreed to receive KRW 3.8 million from a person under the name in contact, who reported Internet advertising 3.8 million if he/she lent a passbook in front of the Gwangju Mine Office, to receive KRW 3.8 million, and opened a bank account of community credit cooperatives in the name of the Defendant, and opened a bank account, cash card, and password.

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

[2013 fixed-term 2367] No person shall transfer any means of access used in electronic financial transactions.

Nevertheless, the Defendant, “If he lends a passbook, 50,000 won per account.” On the Internet advertisement, after selling the passbook, sold the passbook, and transferred the means of access by using passbooks, check cards, OTP, and passwords connected to the Defendant’s post office account in the name of the Defendant established in Gwangju Mine-gu, on July 16, 2013, at the D convenience store located in Gwangju Mine-gu, and on July 16, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Response data (No. 45 pages of the investigation records of 2013 High Order 2314);

1.The application of the Acts and subordinate statutes (22 pages of investigation records, No. 2013, 2367)

1. Relevant provisions of the Act on Criminal facts and the choice of punishment, respectively, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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