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(영문) 의정부지방법원 2015.12.24 2015고합324
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or take over the cash cards or passbooks attached with his/her belt, etc., which are the means of electronic financial transactions, or set a pledge, or lend or take over such means of access in return for any consideration, or arrange such lending or taking such means of access.

On February 2, 2015, the Defendant decided to receive KRW 150,000 per day of the head of the Tong in return for the lending of the head of the Tong to a person who could not know his/her name on the Internet, by communicating the head of the Tong with Kakao Stockholm to a person who could not know his/her name.

After that, the defendant, at the new bank strike point in the Skset-ro 27 (Skin-dong) of Skwikset-ro, transferred the passbook and physical check in the name of the defendant in the name of the new bank (Account Number C) opened by the defendant, and following this, the defendant sent it to Kwikset-based service engineer sent out by the person who could not know the name in front of the D building near the Geum-dong at the time of Pkju.

Accordingly, the Defendant lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each specification of transactions (No. 10 pages, 32 pages of evidentiary records), bank transaction application (Evidence No. 34 pages of evidentiary records);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense (a violation of each of the Electronic Financial Transactions Act);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime of violating the Electronic Financial Transactions Act due to the transfer of a passbook with more severe circumstances);

1. Selection of an alternative fine for 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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