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(영문) 인천지방법원 2014.10.24 2014고정1886
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 28, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Incheon District Court on May 13, 2014, and the final appeal was dismissed on May 13, 2014, and the judgment became final and conclusive around that time.

No person shall transfer or acquire a cash card or a passbook attached with his/her belt, a password necessary for the use of a cash card, or a user number registered with a financial institution or an electronic financial institution.

Nevertheless, on July 2012, the Defendant, on the first day of the Seocho-gu, Incheon, Nam-gu, Incheon, Skwikset department store, sent to the name partner via Kwikset Service, one bank account B, the account number of new bank account C, cash card, and password necessary for the use of card, etc. in front of the Defendant’s name.

Accordingly, the Defendant transferred the cash card, which is the means of electronic financial transactions, to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E, F and G;

1. Each reply;

1. Previous records: Criminal history records, inquiry reports, results of case search, and application of statutes of the judgment;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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