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(영문) 부산지방법원 2014.03.12 2013고정3960

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access issued for electronic financial transactions by a financial institution or electronic financial business entity.

Nevertheless, around January 30, 2012, the Defendant received KRW 200,000 from E, the transferee, through a passbook (B) and a passbook (C) and a cash card, each of which was issued under the name of the Defendant in the post office located in the Busan-dong, Busan-dong, and transferred to E.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Copy of the protocol of suspect examination of D by the police;

1. Application of statutes on the inquiry of customer information and a statement of account transactions;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;