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(영문) 서울중앙지방법원 2015.06.17 2015고정472

전자금융거래법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On August 7, 2014, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on January 29, 2015.

No person shall transfer or acquire means of access, such as bankbooks, cash cards, or establish a pledge right.

Nevertheless, around March, 2014, the Defendant sent a passbook and cash card necessary for using the national bank account (D) opened in the name of the Defendant in front of the Kwikset service office located near the Gangseo-gu Seoul Metropolitan Government Fire-Fighting Kim Jong-dong, Seoul, to a person whose name is not known through Kwikset service article.

Accordingly, the Defendant transferred the passbook and cash card, which is the means of electronic financial transactions.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police statement of E;

1. reply to the execution of a warrant of search, seizure;

1. Previous convictions in judgment: The summary of case agreements, auxiliary statements, and application of each of the judgment statutes;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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

1. Articles 70 (1) 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;