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(영문) 인천지방법원 2016.07.15 2016고정1029
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 19, 2014, the Defendant: (a) sent a text message from a person in unsound name to “A certified judicial scrivener, who is a certified judicial scrivener, will offer KRW 800,000 per week each week from the bank; and (b) sent the name to the defendant’s office located in Nam-gu Incheon Metropolitan Government, on December 10, 2014; (c) released the Saemaeul Bank of Taewon (Account Number: C) and the physical card and password deposited in the above account from Kwikset on the same day with a cash card held by him/her on the same day.

2. On December 11, 2014, the Defendant sent a passbook (Account Number D), physical card, and password to the above person in the same manner, according to the instructions of the above person without the name of the deceased.

As a result, the defendant added two bankbooks, two physical cards, and two passwords necessary for using them, which are media access to electronic financial transactions, respectively.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of the F and G respective petitions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of a fine for a crime, and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of a fine for a crime;

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

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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