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(영문) 부산지방법원 2017.06.28 2016고정3823
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer any access medium used to secure the authenticity and accuracy of users and the details of transactions in electronic financial transactions.

Nevertheless, the Defendant, on April 24, 2014, sought to do business in the bulletin board “I ambling room,” holding the cell phone “I amblance” on the street 4 front of the Spool village located in Dong Dong Dong-dong, Dong-dong on the street.

The notice stating “ .........., the name in whose name was the contact was reported and transferred the passbook (B), physical card, password, etc. under the name of the Defendant to the name in which 50,000 won was received.

Accordingly, the Defendant transferred an access medium, such as an electronic card.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of tax-related Acts and subordinate statutes regarding transaction details;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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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