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(영문) 서울남부지방법원 2016.07.21 2016고정756

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of users and transactions shall be transferred.

Nevertheless, on May 2015, the Defendant received a proposal from a person who was infinite name, who sent a physical card to him/her. On May 21, 2015, the Defendant transferred the physical card connected to the Defendant’s National Bank Account (C) before the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, to Kwikseter’s article access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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;