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(영문) 서울남부지방법원 2016.03.22 2015고정2374

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on June 19, 2015, the Defendant received a proposal from a person who was in the name of the deceased, stating that “The Defendant would give two million won to the owner of the passbook by lending the passbook,” and on the same day, through Kwikset Service Articles in front of Jung-gu Seoul, Jung-gu, Seoul, through Kwikset Service Articles, the Defendant’s bank account (C) and one check card connected thereto, which is a medium of access to electronic financial transactions.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of D;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 1 (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;