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(영문) 부산지방법원 2017.11.01 2017고정1197

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium necessary for electronic financial transactions.

1. On February 2, 2014, the Defendant transferred a passbook, physical card, and password, which is an access medium connected to a new bank account (B) under the name of the Defendant, to the non-registered female, at the bottom-gu, Daegu-gu, Daegu-dong (hereinafter referred to as the “Solsan-dong”).

2. On April 2014, the Defendant transferred a passbook, physical card, and password, which is an access medium connected to the Nonghyup Bank’s account (C) under the name of the Defendant, to a male in the name of the Defendant, using a door-to-door method, at the lower court’s lower court, on April 1, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. Copy of the E statement;

1. Police investigation report (as to the transfer of passbook A by the suspect)

1. Application of Acts and subordinate statutes to a trading statement and a statement of entry and departure;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of a fine for the crime, and Article 6 (3) 1 of the same Act;

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