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(영문) 대전지방법원 2015.11.20 2015고정1058
전자금융거래법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall transfer a means of access, unless otherwise specifically provided for in any Act.

On April 12, 2013, the Defendant: (a) transferred one cash card connected to the passbook B (Account Number B) in the name of the Defendant at a closed bus terminal located in the Si of Sejong-gu Seoul Special Measures Headquarters; (b) one cash card connected to the passbook B (Account Number C) in the name of the Defendant; and (c) one cash card connected to the agricultural bank passbook (Account Number C) in the amount of KRW 500,000,000,000 to a person whose name is not known by using bus luggages.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each police statement concerning D, E, F, G, and H;

1. Search, seizure, verification warrant report;

1. Application of Korean banks (B) transaction details, agricultural cooperatives (C) transaction details Acts and subordinate statutes;

1. Relevant legal provisions and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 11814, May 22, 2013) concerning criminal facts;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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