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(영문) 서울중앙지방법원 2019.05.24 2019고정536
전자금융거래법위반
Text

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

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

Reasons

Criminal facts

On April 12, 2019, the Defendant was sentenced to one year and two months of imprisonment with prison labor at the Seoul Central District Court due to a special assault, etc., and the judgment became final and conclusive on May 14, 2019.

In using and managing a means of access, no one shall transfer or acquire a means of access, unless otherwise provided for in other Acts.

1. On February 24, 2017, the Defendant opened a bank account (Account Number D) in the name of the Defendant at the seat of the Cbank branch located in Jung-gu Seoul, Jung-gu, Seoul, and transferred the means of access to the passbook, password, and physical card connected to the account at a price of KRW 100,000 to the non-existent male.

2. On March 28, 2017, the Defendant, at the F Bank G branch in Gangnam-gu Seoul, opened the F Bank account (Account Number: H) in the name of the Defendant, and transferred the means of access to the passbook, password, and physical card connected to the account at the price of KRW 100,000 to the non-existent male.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the internal investigation of specified financial transaction information, specified financial transaction information, suspect A detailed materials, and suspect A F Bank under the name of the suspect, and C Bank Account Transactions;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of fines for criminal facts;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime, the act of illegally transferring the means of access to electronic financial transactions, like the instant crime, requires strict eradication as it is highly likely to be abused for highly harmful crimes, such as Bosing or evading tax, and the Defendant repeatedly committed the act of transferring the means of access to electronic financial transactions, and even though the Defendant was subject to criminal punishment on several occasions.

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