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(영문) 수원지방법원 안산지원 2016.09.21 2016고단2965

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Unless otherwise expressly provided for in other Acts, electronic financial access media shall not be transferred to any third party.

Nevertheless, on April 16, 2016, the Defendant received a proposal that 200,000 won should be paid from the person who was missing in his name at the Defendant’s residence located in Ansan-si, the Defendant opened a passbook and cash card connected to the company bank account (C) in the name of the Defendant. On April 16, 2016, the Defendant received a total of 20,000 won from the person who was missing in name at the post office located in the Dong-dong, Seosan-si, Gyeonggi-si, Gyeonggi-si, and transferred it to another person by building a passbook and one check connected to each of the bank accounts in the name of the Defendant and the company bank accounts (D). < Amended by Presidential Decree No. 27448, Apr. 16, 2016; Presidential Decree No. 20680, Apr. 16, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the police statements made to F and G;

1. Receipts, inquiries into the results of transfer, and photographs by capturing the contents of the Kakao Stockholm conversation;

1. Application of Acts and subordinate statutes to investigation reports (a warrant of search and seizure verification and reply-new banks);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.