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(영문) 서울남부지방법원 2014.11.10 2014고정3060
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On April 17, 2014, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court on April 17, 201, and the said judgment became final and conclusive on May 28, 2014.

Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and other persons shall be transferred to any other person with a means of access, such as a identification card and password necessary to use such information.

Nevertheless, on November 25, 2009, the Defendant received one million won per account from the person under whose name the account the Defendant transferred two copies of passbooks and two cash cards to the person under whose name the name the account was linked to the account of the community credit cooperatives and corporate bank in the name of Kwikset, through Kwikset, in the vicinity of the Sukset-dong, Nam-gu, Incheon Metropolitan City on November 25, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Membership registration, copy of application for deposit transactions, and notification of details of transactions;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 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;

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