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(영문) 수원지방법원 안산지원 2016.10.07 2016고정1008
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

No person shall transfer or acquire any means of access used in electronic financial transactions, except as otherwise provided for in other Acts and subordinate statutes.

On 2014, the Defendant received a proposal and accepted it from an unsatise who contacted by telephone for spring loan counseling, and around that time, sent Kwikset service articles visiting to obtain a passbook in front of the LPG charging station located in Guro-gu Seoul Metropolitan Government, with the passbook in the name of limited liability company C (Account Number D), and opened the passbook in the name of a new bank account in the name of limited liability company C (Account Number D), and opened the password.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on transfer;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of a sentence, and the selection of a fine (including the confession and reflection of the accused, and the fact that the accused is no previous one);

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.

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