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(영문) 서울동부지방법원 2015.07.03 2015고정963
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

No person shall transfer the means of access to electronic financial transactions.

Nevertheless, on January 2015, the Defendant: (a) received a proposal from an unsatisf who reported the advertisement of the head of the Tong, posted on the Internet website, and purchased KRW 700,000 won per day from an unsatisf; and (b) subsequently, transferred the passbook and cash card, the means of access to the post office account (Account Number I) in the name of the Defendant before the Defendant’s home located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu H and 103; and (c) transferred the passbook and cash card, which is the means of access to the Defendant’s name, to the Kwikset service article who sent the above unsatfisfyer with the above name, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the police statement of K; and

1. Inquiries about details of transactions and liquidity transactions;

1. Application of the reply statutes to requests for the provision of financial transaction information;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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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