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(영문) 서울서부지방법원 2016.03.09 2015고단3217
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

No person shall issue a transaction instruction in electronic financial transactions or transfer any access medium used to secure the authenticity and accuracy of users and the details of such transaction to any third person.

1. On August 19, 2014, the Defendant reported on the advertisement that he purchases passbooks around the New Village of Seodaemun-gu Seoul, Seoul, and contacted the name influences, and transferred the access media, such as cash cards and passwords, connected with the Defendant’s account (B) to the name influences, upon receiving KRW 300,000,00 and receiving KRW 30,000,000.

2. On January 9, 2015, the Defendant reported on the advertisement to purchase a passbook at the place under the above paragraph (1) and contacted the account holder, and transferred the access media, such as cash cards and passwords connected to the Defendant’s name, to the one bank account (C) with KRW 300,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on application for opening an account, application for bank transaction, and cash card information;

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

1. Selection of a selective fine for punishment (the confession, reflectivity, and the fact that there is no previous conviction in the same kind);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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