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(영문) 서울중앙지방법원 2014.06.23 2014고정2029
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or take over a means of access or borrow a means of access in return for any reward or in return for any reward.

1. On December 5, 2013, Defendant B: (a) received KRW 2,00,000 per month in return for the loan of passbook from a person with no personal injury in the street near the Eunpyeong-gu Seoul Metropolitan Area; and (b) lent the passbook (D), physical card, and password under the name of the Defendant to a person with no personal injury via Kwikset Service.

2. A around November 2013, Defendant A received KRW 300-4 million per month in return for the lending of a passbook from a person with no personal injury in Jeju-do, and Defendant A lent a passbook (E), physical card, and password under the name of the Defendant to a person with no personal injury through Kwikset Service.

Summary of Evidence

1. Defendant B’s partial statement

1. An interrogation protocol of Defendant A prepared by the police;

1. Statement of the F prepared by the police;

1. Application of the Acts and subordinate statutes governing admission and withdrawal;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act;

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

1. Defendants of the provisional payment order: Determination on Defendant B’s defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of the defense counsel's assertion

A. The objective facts, such as the facts charged in the instant case, are not contested.

B. The Electronic Financial Transactions Act separates the “transfer” and “loan” from those subject to punishment.

However, Defendant B is not punished since it did not receive the payment of the means of access from a person who has no name.

(c)the Electronic Financial Transactions Act;

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