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(영문) 울산지방법원 2015.04.02 2015고정239

전자금융거래법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person, if he/she has a passbook or cash, debit card or a password necessary for the use thereof which is a means of access used in electronic financial transactions, shall transfer or acquire it to any other person, except as otherwise provided in any other special circumstances.

On July 15, 2014, the Defendant offered a proposal to offer 10 million won if he/she sent a passbook, etc. from his/her name in front of the Sinsan-si Library, and transferred the means of access to electronic financial transactions, such as passbook and physical check, under the name of the Defendant through Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to new bank response data;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act that choose a sentence, and fines;

1. Articles 70(1) and 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59 (1) of the Criminal Act (the amount of fine to be suspended of sentence: 2,00,000 won, the fact that the defendant recognizes the crime, the fact that the defendant is the first offender with no power to commit the crime, and other circumstances such as intellectual judgment ability);