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(영문) 서울중앙지방법원 2017.05.18 2017고정905
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer any access medium in using and managing the access medium for electronic financial transactions unless otherwise specifically provided for in any other Act.

Nevertheless, on October 26, 2016, the defendant needs to be given tax reduction from a person who is in a name and in an influence on his/her name.

On the 27th of the same month, a proposal stating that the card will be paid 10% of the deposit amount as the user fee is received, and on the 27th of the same month, a physical card connected to the account under the name of the defendant in the name of the defendant in the vicinity of the new site of Jincheon-gun C, Jincheon-gun, the Defendant’s workplace, was issued through Kwikset service, and the password was issued through Kwikset and the password was transferred by notifying the card on the back side.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. The F true statement and written statement;

1. Certificates of transfer confirmation, replies to requests for financial information, and notification of data on the current status of financial transactions;

1. Application of the Police Investigation Report Act

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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