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(영문) 수원지방법원 2016.03.31 2016고정152

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction shall be transferred or taken over.

Nevertheless, on August 2013, the Defendant contacted with the Buddhist Internet NABC to buy an individual passbook, and listened to the statement that 100,000 won will be paid in one month to send the passbook. On the other hand, the Defendant sent the passbook temporarily in the name of the Defendant who opened the Saemaeul Treasury in the neighboring community center in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Seoul-si, and the head of the Tong and the check card connected to the Saemaul Treasury's account (B) in front of the Yangyang prison in which he/she became aware of the fact.

Accordingly, the defendant transferred the electronic financial transaction access media to another person.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Answer to a warrant of search and seizure inspection (A Saemaul Treasury Account) to the application of statutes;

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

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;