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(영문) 인천지방법원 2011.12.12 2011고정3097

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access used in electronic financial transactions or establish a pledge thereon.

Nevertheless, around July 15, 2010, the Defendant, at the end of Gyeyang-gu Incheon Gyeyang-gu Office in Gyeyang-gu, opened an account number B in his/her name at the same location of the National Bank, and transferred the passbook, cash card, its password, etc. to a person who is not aware of his/her name, and transferred five electronic financial media, etc. outside the Korean bank, 60,000 won in total, such as a separate crime list.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement to C, D, E, F, G, H, I, J, and K;

1. A written statements on the preparation of L;

1. Application of Acts and subordinate statutes on the details of transactions, specifications of transactions, details of passbook transactions, and details of bank transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;