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(영문) 수원지방법원 안양지원 2017.11.22 2017고정649

전자금융거래법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On December 18, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court on August 19, 2016, and the above judgment became final and conclusive around August 19, 2016. On September 26, 2016, the Seoul East East District Court sentenced the Defendant to ten months of imprisonment for fraud, and the above judgment became final and conclusive around August 24, 2017.

[Criminal facts] No person shall transfer, acquire, or arrange access media.

Nevertheless, the Defendant may impose money on the Defendant, who is a branch in the fishing place B located in Namyang-si, Namyang-si, on August 2014, and the Defendant may impose money if he/she opens a passbook.

A securities company with intention to create a passbook and notify the assignee's contact address. C transferred its name to a person whose name the access media, such as a e-mail account, merz securities account, and a passbook and cash card, which are each connected to the e-mail account under its name, through contact contact information known by the Defendant at Goyang-si around that time.

Accordingly, the defendant assisted the transfer of access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Answers to respective financial transaction data;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, written judgments, summary information of cases, one copy of the Acts and subordinate statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;