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(영문) 서울중앙지방법원 2016.04.21 2015고정4806

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using and managing any access medium of electronic financial transactions, unless otherwise specifically provided for in any other Act.

Nevertheless, around August 3, 2015, the Defendant offered Kwikset-based services with the proposal that “on the face of a Tong-gu and a body card, if sent, 10,000,000 or KRW 20,000,000,000,000 will be extended to the Defendant’s bank account (number B)” from the name in the vicinity of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant provided Kwikkset-based services with a passbook and a body card connected to the Defendant’s bank account (number B).

On August 2015, the Defendant transferred the access media to Kwikset Service Articles who sent name and non-maid winners of the passbook, OTP card and password in the name of “C” in the vicinity of the new branch of the Enterprise Bank, Yangcheon-gu Seoul Metropolitan Government New Month 291, Yangcheon-gu.

As a result, the Defendant intended both media access to electronic financial transactions.

Summary of Evidence

"2015 High 4806"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Materials to be submitted actually strue - Details of transactions;

1. Data on replies to financial institutions - Detailed statement of transactions, etc. 183 decided on 2016;

1. The part concerning the statement of the defendant in the first trial record;

1. Statement made by the police with regard to F;

1. Reporting of internal investigation (for the opener of a Tong, referring to the person who sets up the Tong) and application of Acts and subordinate statutes to investigation reports;

1. Article 49 (4) 1 of the relevant Act and Article 6 (3) 1 of the Electronic Financial Transactions Act (excluding punishment) concerning the facts constituting an offense;

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. 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;