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(영문) 춘천지방법원 강릉지원 2014.11.18 2014고정431

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 the means of access for electronic financial transactions.

Nevertheless, the Defendant:

1. On or before May 26, 2014, the cash cards and passwords of the Defendant’s name Samsung Securities Account (B) and Hyundai Securities Account (C) are transferred in cash at the area adjacent to a Suwon Integrated Bus Terminal located in the Suwon-si, Suwon-si, with the amount of KRW 3.50,000 in cash;

2. Upon receiving and transferring 300,000 won of cash cards and passwords in the name of the defendant at the Gangseo-si bus terminal located in Gangnam-si Hongdong on May 27, 2014, at the 300,000 won of the cash card and passwords in the name of the defendant and the Korean Investment Securities Account (E);

3. On June 3, 2014, the cash cards and passwords in the name of the Defendant were transferred from the Gangnam-si bus terminal located in Gangseo-si Hong-si Hong-si, to KRW 100,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to each investigation report;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.