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(영문) 창원지방법원 2016.05.19 2016고정371

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall transfer or take over any 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, unless otherwise specifically provided for in other Acts.

Nevertheless, on May 29, 2014, the Defendant offered a proposal that “If the head of the Tong is opened and lent in order to require tax-related matters, 600,000 won will be given to him/her.” On the other hand, the Defendant sent the Saemaul Treasury and cash card to his/her name-oriented persons through Kwikset service article.

Accordingly, the Defendant transferred the access media used in electronic financial transactions to a name-free person as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement and a written petition in B;

1. Application of Acts and subordinate statutes for reporting internal investigation (verification of the point of opening a receipt account used for committing a crime);

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); and the selection of fines for criminal facts;

1. Articles 70 and 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;