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(영문) 서울중앙지방법원 2019.01.09 2017고단8376
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of access, no one may transfer, acquire or pledge the means of access unless otherwise specifically provided for in other Acts.

Nevertheless, around July 2017, the Defendant: (a) received a proposal from a person under whose name the Defendant came to know through “B” in the cover of job offering and seeking, and (b) transferred the means of access by delivering one copy of the physical card connected to the Defendant’s account in his/her name before the hospital located in Gwanak-gu, Seoul Special Metropolitan City, via a delivery source in the name of the Defendant, around July 24, 2017.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Criminal suspect accounts CIF, details of transactions, application for opening, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of Suspect A’s H dialogue);

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. 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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