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(영문) 서울동부지방법원 2015.11.13 2015고정960
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer the means of access or lend the means of access in return for compensation.

1. Defendant A

A. On November 2012, the Defendant, at the Defendant’s office located in Kimcheon-si, opened a passbook, cash card, and password in the name of the Defendant under the name of the Defendant at the Defendant’s office located in Kimcheon-si through Kwikset Service.

As such, the Defendant transferred the means of access.

B. On December 2012, 2012, the Defendant sent a passbook, cash card, and password to an enterprise bank account (E) in the name of the Defendant on the street located in Kimcheon-si, through Kwikset service.

As such, the Defendant transferred the means of access.

2. On December 2012, Defendant B, from “F” located in Suwon-si, the Defendant, at the price of KRW 100,000, posted each of the account numbers, cash cards, and passwords of the new bank account (G, H) in the name of the Defendant in return for the payment of KRW 100,000,000 from the person who was unaware of the name.

As such, the Defendant lent the means of access in return for payment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant B by the prosecution (including examination of details of liquidity tax transactions attached thereto);

1. An investigation report (a) (a copy of the details of each entry into and departure from the Republic of Korea related thereto);

1. Investigation reports (Attachment to the details of financial transactions in the Nonghyup Bank and the Enterprise Bank);

1. Application of Acts and subordinate statutes to report crimes violating the Electronic Financial Transactions Act;

1. Defendant A: Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (wholly amended by Act No. 13069, Jan. 20, 2015); Defendant B: each of the former Electronic Financial Transactions Act (wholly amended by Act No. 13069, Jan. 20, 2015); Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 13069, Jan. 20, 2015)

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant A who is selected to impose a fine: Defendant B who is selected to impose a fine;

1. Defendant A from among concurrent crimes: the former part of Article 37 of the Criminal Act.

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