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(영문) 서울남부지방법원 2015.12.03 2015고정2036
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person may transfer or acquire a means of access in using and managing the means of access.

On December 10, 2014, the Defendant received an advertisement letter stating that “a person would lend a loan” from a person with no personal name, and agreed to send a cash card connected to the account under his/her name as required by him/her by telephone to him/her. On the same day, the Defendant sent Kwikset Service Officer who sent the above name in front of the Defendant’s house located in Mapo-gu Seoul, to Kwikset Service Officer who sent the above name in front of the Defendant’s house in Mapo-gu Seoul, at the same time delivered each cash card connected to the bank account (Account C) and the national bank

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to certificates of deposit transaction records and investigation reports (Attachment of a warrant of seizure and replies);

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

1. A fine of 1.5 million won sentenced (i.e., the first offense, (ii) the confession, reflectivity, (iii) some of the circumstances to be taken into account in the course of committing the crime, (iv) the age, occupation, family relationship, economic form, etc. of the defendant; and (v) the defendant was subject to the suspension of indictment on February 2014; and (vi) the fact that the crime of this case was used in the scaming crime and the victim suffered significant damage shall be determined by the amount of the fine as above, taking into account the

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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