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(영문) 의정부지방법원 2015.10.08 2015고정1863
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow, lease, keep, deliver or distribute the means of access while demanding or promising to receive, demand or promise any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around March 13, 2015, the Defendant received a proposal from B that “on the face of lending the passbook, the Defendant would offer money remaining in the passbook after using it in the multi-level company,” and then issued the passbook and cash card connected to the new bank account (Account Number C) in the name of the Defendant to B at a closed area in the Dobong-dong, Seoul Special Metropolitan City.

As a result, the Defendant promised to pay for, lent the means of access for electronic financial transactions.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to details of transactions, certificates of electronic financial transfer;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of 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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