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(영문) 서울서부지방법원 2017.09.20 2017고단1748

전자금융거래법위반

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium used in electronic financial transactions.

Nevertheless, on April 8, 2016, the Defendant promised to sell the account to C, and transferred the access media used for electronic financial transactions by issuing a passbook and a physical card, respectively, connected to the bank account (D) and the new bank account (E) under the name of the Defendant, at around 21:00, to C, in the vicinity of the non-regional non-regional area No. 3 of Eunpyeong-gu Seoul Metropolitan Government, and at around 21:00, to C, and by informing the password.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. Application of Acts and subordinate statutes to certificates of deposit transactions, transferred passbooks, security cards, photographs, such as check cards, and cellular phone messages;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of a selective fine for punishment (a confession, reflectivity, and past record of a single-time fine);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;