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(영문) 광주지방법원 목포지원 2016.10.06 2016고정149
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of access, no person shall lend or deliver a means of access to another person with knowledge that the means of access will be used for a crime.

Nevertheless, around April 17, 2015, the Defendant, despite being aware of the fact that it was used in the fraud crime of receiving the loan by pretending that he was going in the workplace in Incheon, delivered one passbook in the name of the Defendant (C) and one check card connected to the above account to D.

No one shall transfer any means of access to another person in using and managing the means of access.

Nevertheless, on April 2015, the Defendant transferred the means of access by delivering the passbook, physical card, password, etc. of the post office account (F) in the name of the Defendant to the winners in front of Gwangju Northern-gu Etel 302.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning G;

1. Police seizure records, photographs of seized articles, and replies of a warrant of search, seizure and verification;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Relevant laws of criminal facts, Articles 49 (4) 2, 6 (3) 3 (a point of delivery of access media), 49 (4) 1, and 6 (3) 1 of the Electronic Financial Transactions Act (a point of delivery of access media), and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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