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(영문) 서울중앙지방법원 2017.11.28 2017고정3082
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

Except as otherwise expressly provided for in any other Act, no person shall transfer any electronic card, electronic information equivalent thereto, certificate, password, or any other access medium in electronic financial transactions.

Nevertheless, the Defendant was on November 2016 at a place where a police officer was in the middle 2016, and was aware of it.

B requested “In making a passbook to be used as a monthly passbook,” and opened an account (Account Number C) in the name of the Defendant at the location of the new bank from November 16, 2016, and around that time, the bank opened a bank account in the name of the Defendant at the location of the new bank from the location of the new bank No. 1, in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, by providing the above new bank account, cash card, and its password, together with the above new bank account and its password, transferred the access media in electronic financial transactions.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Written statements;

1. Each police investigation report and internal investigation report;

1. Application of Acts and subordinate statutes governing transaction specifications and Kakao Stockholm conversation photographs;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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