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(영문) 서울남부지방법원 2016.12.20 2016고단5126

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

On March 19, 2012, the Defendant transferred the physical card and password, which is a means of access connected to the foreign exchange bank account (Account Number C) in the name of the Defendant, to the third party, “B” at the cafeteria near the Gyeyang-gu 232, Annyang-gu Mayang-gu Mayang-gu Mayang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of replies, details of transactions, and statutes to requests for financial transaction information;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Selection of sentence: A fine not exceeding 4 million won (limited to reasonable circumstances) is clear and serious relation between family members, and there is no power to impose criminal punishment (unjustifiable circumstances). The instant account is used for electronic financial fraud.