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(영문) 창원지방법원 진주지원 2016.02.02 2015고단1153
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 transfer or acquire any electronic financial access medium to another person.

1. On March 2015, the Defendant: (a) transferred a passbook connected to the Korean bank account (Account Number E) opened in the name of Korea; (b) a passbook connected to the account opened in the name of Korea bank (Account Number G); and (c) a passbook connected to the account opened in the name of Korea bank (Account Number G); and (d) a passbook connected to the account opened in the name of Korea bank (Account Number I); and (c) an OTP card connected to the account opened in the name of Korea bank (Account Number I); and (d) a passbook and an OTP card connected to the account opened in the name of J (Account Number K) together with a password and transferred the electronic financial access medium to L, respectively.

2. On May 2015, the Defendant transferred a passbook and an OTPP card connected to the account (Account Number N) opened in M in front of the above “C” mobile phone sales store to L, along with a password, to transfer the electronic financial access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. The application of Acts and subordinate statutes to investigation reports (a copy of the indictment in relevant cases);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the following: (a) the Defendant was committed against the Defendant when committing the instant crime; (b) the primary offender who has no record of crime; and (c) the Defendant’s age, sex, criminal conduct, environment, motive and circumstance of the instant crime; and (d) other circumstances that form the conditions for sentencing as indicated in the pleadings of the instant case, such as the circumstances after the commission of the instant crime.

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