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(영문) 창원지방법원 2015.07.08 2015고정569
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On October 7, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Game Industry Promotion Act at the Changwon District Court, which was sentenced to a suspended sentence of six months on January 13, 201, and the judgment became final and conclusive.

【Criminal Facts】

On November 201, 201, the Defendant: (a) obtained a loan of KRW 5 million on condition that he/she transfers a passbook to a nominal lender who became aware of by means of a Handphone; and (b) obtained a passbook, cash card, password, and security card necessary for Internet banking at the location of the branch of the Chang-si Central Bank in the Chang-si Central Bank; and (c) transferred the means of electronic financial transactions by means of sending the passbook to Busan High-speed Terminal through the Chang-si Terminal Terminal Cargo Center.

As above, the Defendant transferred a means of access, such as an electronic identification card and password, which is used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (to be accompanied by a list of operating accounts on the deferred gift site related to the case and on the relevant website);

1. Investigation report (the confirmation report on the telephone number of the opener of passbook used for private futures trading);

1. Previous records: Application of Acts and subordinate statutes to which criminal records, latter concurrent crimes (written judgments and certified fixed dates) are submitted;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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