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(영문) 의정부지방법원 고양지원 2016.08.30 2016고정198

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

No person shall transfer or acquire any access medium unless otherwise expressly provided for in other Acts in using and managing the access medium.

On August 18, 2014, the Defendant, at the front of the entrance of the central market in Gangnam-dong of Gangnam-si, paid a fee of KRW 300,000 per day from a person who is unable to know his name, and transferred two passbooks, which are accessible media in the Agricultural Cooperative Deposit Account (Account Number B) and the Bank Deposit Account (Account Number: C): two passbooks, cash card 2, and passwords, to a person whose name is unknown, through call bom.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

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

1. Statement made by the police against D;

1. Each statement of E, F, G, and H;

1. Application of order of specifications of transactions of automation machinery, electronic financial transfer results, confirmation of the results of transactions of deposits, certificates of performance of transactions of deposits, details of transfer, and application of specifications of transactions of automation machinery;

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;