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(영문) 부산지방법원 2018.01.11 2017고정2143

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

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.

1. On December 5, 2016, the Defendant, along with B, sent a passbook, check, and notify the password to C in the vicinity of an elementary school of thought located in Busan, Busan, of the name of the Defendant.

Accordingly, the defendant transferred the access media in collusion with B.

2. On December 12, 2016, the Defendant, along with B, sent a passbook, check, and notify the password to C in the vicinity of Busan East-gu, Busan-do, which was linked to the Nong Bank’s account (E) in the name of the Defendant.

Accordingly, the defendant transferred the access media in collusion with B.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Second-time suspect examination protocol concerning C;

1. Application of Acts and subordinate statutes of each warrant of seizure and replies (38 pages, 277 of investigation records)

1. Article 49 (4) 1, Article 6 (3) 1, and Article 30 of the Criminal Act concerning facts constituting an offense; Article 49 (4) 1, and Article 6 (3) 1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act;

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

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;