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(영문) 서울중앙지방법원 2015.01.28 2014고정5850
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any means of access used in electronic financial transactions in return for consideration.

Nevertheless, the Defendant received a proposal that “on the face of lending a passbook, 2.3 million won,” from a person who was unaware of his name, and consented thereto. On July 2014, the Defendant issued Kwikset Service to a person who was unaware of his name through Kwikset Service in the Defendant’s residence located in Daejeon Dong-gu B building 209, and lent the means of access for compensation by receiving one check connected to the account of community credit cooperatives (Account Number: C) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the details of account transactions, and the Acts and subordinate statutes on response data following warrant execution;

1. Relevant Article of the Act on Criminal Facts and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015);

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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