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(영문) 인천지방법원 2015.02.13 2015고정261

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 27, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violating the Electronic Financial Transactions Act at the Jeonju District Court on May 5, 2012 and the judgment became final and conclusive on May 5, 2012.

No person shall transfer or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution or establish a pledge necessary for the use of the passbook or cash card which is the means of access to an electronic financial transaction.

Nevertheless, on January 201, 201, the Defendant transferred the means of access, such as head of the post office account (B) in the name of the Defendant, and head of the post office account (B) card, etc. in the vicinity of the department store located in Seocheon-si, Seocheon-gu, Seocheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Receipts and replies (35 pages of investigation records);

1. Previous records of judgment: Application of inquiries, such as criminal records, and two copies of written judgments of the Jeonju District Court;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); the choice of fines for criminal facts;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.