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(영문) 대전지방법원 서산지원 2020.01.09 2019고정246
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No one may transfer any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access.

Nevertheless, around December 2015, the Defendant issued a passbook, an OTP card, etc. each connected to C's name Nonghyup Bank (D), C's name national bank account (E), and C's name bank account (E) as requested by a private individual, because it was impossible for the Defendant to repay KRW 150,000,000 that he/she borrowed from a bond business operator in the vicinity of 316-5, Seocheon-si, Seocheon-si, Busan.

Accordingly, the Defendant transferred the means of access to another person.

Summary of Evidence

1. Defendant's legal statement;

1. To instruct internal investigation of specified financial transaction information;

1. Data of the Korea Financial Intelligence Unit;

1. Application of Acts and subordinate statutes to report on investigation (Listening to suspect telephone statements);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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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