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(영문) 창원지방법원 진주지원 2016.06.08 2016고정148
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire access media in using and managing access media to electronic finance, unless otherwise expressly provided for in other Acts.

At around 12:00 on February 11, 2014, the Defendant: (a) opened a passbook from a person who was in Jinju-si, Co., Ltd. in front of the D office that was operated by the Defendant; (b) received money equivalent to KRW 5 million to KRW 10 million; and (c) transferred the passbook (Account Number E), physical card, etc., which is an access medium established on the same day, to a person with no name, via Kwikset’s service.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. Statement protocol prepared by a judicial police officer with respect to F;

1. Application of detailed Acts and subordinate statutes to the details of transfer management results;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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