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(영문) 부산지방법원 2013.11.22 2013고정2542

전자금융거래법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 7, 2013, the defendant was sentenced to a suspended sentence of one year for special larceny at the Suwon District Court on March 7, 2013 and the judgment became final and conclusive on March 15, 2013.

No one may transfer or acquire a means of access issued for electronic financial transactions by a financial institution or an electronic financial business entity. However, the Defendant, while holding an Internet “Burdddddddddddddddddd”, offered a proposal to offer KRW 100,000 to a person whose name is unknown, and had the Defendant opened an account under his/her name and had the intent to transfer the means of access

Accordingly, on May 2012, the Defendant transferred one copy of the passbook (Account Number: B) and one cash card in the name of the Defendant to a person who is not aware of the name on the roads prior to the Park Hayang-gu, Swikset-si, Swikset-si.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. An application for the transaction of agricultural cooperatives;

1. Previous convictions: Application of a copy of judgment;

1. Relevant legal provisions concerning criminal facts, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment, and selection of fines;

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

1. Articles 70 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;