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(영문) 인천지방법원 2016.10.06 2016고단5381

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

No person shall transfer or acquire a means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

On September 2015, the Defendant: (a) received a proposal from a person in bad name who opened a passbook to create a corporation and offer KRW 1 million per week; (b) transferred the means of access to name-free persons using Kwikset-based bank account in the name of the Korean bank account (F), cash card in the name of the limited liability company (H), and an OTP card in the name of the Defendant at the front of the D Hospital located in Seo-gu Incheon, Seo-gu, Incheon, with the representative of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A detailed conversation;

1. Application of the Acts and subordinate statutes to documents sent to the Daegu Pacific Police Station;

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 a selective fine for punishment (including the confession and reflection of an offense, and the fact that there exists no other penalty power, in addition to the punishment of a fine for an offense committed once due to an offense committed against this type);

1. Articles 70 (1) 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;