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(영문) 서울중앙지방법원 2015.04.09 2015고정131

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No one may transfer or acquire any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.

Nevertheless, around March 2014, the Defendant accepted the proposal that “if the account is sent, KRW 80,000 won will be deposited in one month, and KRW 400,000,000 shall be deposited in one month thereafter.” On March 17, 2014, the Defendant issued the passbook (Account Number B) of the Defendant’s agricultural account in the name of the Defendant in the vicinity of the Namdong-gu Incheon Metropolitan City, Seodong-gu, Incheon, through Kwikkset’s service.

Accordingly, the Defendant transferred the means of access for electronic financial transactions.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. C’s petition;

1. Application of Acts and subordinate statutes on transaction lists and detailed statement of passbooks;

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

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;