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(영문) 수원지방법원 안산지원 2016.01.27 2015고단3464

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer or take over any access medium used in electronic financial transactions.

Nevertheless, the defendant has access to the Internet in French bulletin board "I sell a private passbook."

After posting a letter "," the following: (a) on October 31, 2014, he/she promised to receive money from the purchasing company of the non-name passbook in return for the promise to sell his/her account; (b) around November 31, 2014, through Kwikset service articles located in Seongbuk-gu Seoul Metropolitan Government, he/she sent the passbook, e-mail card, security card, and certificate of official name to the purchaser; (c) on November 201, 204, 30,000 won to the bank account in the name of the defendant; and (d) on November 22, 2014, transferred KRW 100,000 to the Republic of Korea on December 9, 2014; and (d) on November 1, 2014, he/she received KRW 200,000 from the Philippines on the aggregate of KRW 106,000 from November 25, 2014 to the Republic of Korea on the day of Korea.

Accordingly, the defendant transferred the access media used in electronic financial transactions to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of each transaction of the Syti Bank, the National Bank, and the Korean Bank;

1. Application of immigration Acts and subordinate statutes on individuals;

1. Articles 49(4)1 and 6(3)1 of the Act on the Electronic Financial Transactions and Trade, and the selection of fines for criminal facts (the defendant reflects his/her fault and is the first offender);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.