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(영문) 서울중앙지방법원 2017.11.30 2016고정3206

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on July 19, 2014, the Defendant received a proposal from a person in an unsound name to allow him/her to easily pay money if he/she establishes a passbook. On July 19, 2014, the Defendant opened a corporate bank account (Account Number C) in the name of a U.S. juristic person established in a corporate bank located in Jung-gu Seoul Metropolitan Government as its representative from a corporate bank located in Dong-ro, Jung-gu, Seoul, as its representative. On the same day, the Defendant issued a passbook, cash card, and one total card connected to the above account to the above account, and received a payment of KRW 600,000 in return.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to each prosecutor and police investigation report, and internal investigation report;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

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