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(영문) 서울남부지방법원 2016.03.22 2016고정63

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

On September 9, 2015, the Defendant was sentenced to five months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on September 17, 2015.

Except as otherwise provided for in any other Act, no person shall transfer or acquire any access medium in using and managing access medium used for electronic financial transactions.

Nevertheless, around January 4, 2015, the Defendant received a proposal that “the head of the Tong and the card shall be transferred to one week per week, and KRW 300,000,000 shall be given in advance,” from a person in a name in the name of the Defendant, and then transferred the passbook and the check card of the company bank (Account Number: Account Number: B) account and the new bank (Account Number: Account Number: C) account, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions (D);

1. A criminal investigation report (CCTV video data reply);

1. Previous records: The legal statements of the accused, the reporting of the accused's previous records and the results thereof, and the application of Acts and subordinate statutes to investigation reports (attached to indictment);

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) regarding the relevant criminal facts and the selection of punishment

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

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;