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(영문) 서울중앙지방법원 2013.04.26 2013고정1624

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 12, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on December 21 of the same year.

No person shall transfer or acquire any means of electronic financial transactions, such as a cash card and a password necessary to use it, a user number registered with a financial institution or an electronic financial institution, etc.

Nevertheless, at the end of February 2011, the Defendant transferred the passbook, stamp, cash card, and password to one national bank account (C) in the name of the Defendant, the means of access to electronic financial transactions, in return for paying mobile phone unpaid charges to one person, such as B, etc. who became aware of while working in a non-permanent park in Yeonsu-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Response to a warrant of search, seizure and verification;

1. Previous convictions: Application of a copy of judgment;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.