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(영문) 울산지방법원 2013.05.31 2012고정1107
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 23, 2012, the Defendant was sentenced to imprisonment with prison labor and six months in the Ulsan District Court for fraud, etc. on April 11, 2013.

In the course of electronic financial transactions, anyone transferred the means of access, such as a cash card or information, which is used to make a transaction request or to secure the authenticity and accuracy of users and transaction details, and a password necessary for the use thereof, to a third party, even if not transferred or taken over, in July 2009, the means of access to electronic financial transactions by opening a post office account (C) in the name of the accused at the Daejeon post office in Daejeon in the middle of July 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Responses to a search and seizure warrant;

1. Previous convictions in judgment: Facts which are obvious to this court and application of statutes of the judgment;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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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