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(영문) 서울중앙지방법원 2014.09.24 2014고정4026
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 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 Acts and subordinate statutes, no one shall transfer any means of access used in electronic financial transactions for consideration to any third person.

Nevertheless, around February 2014, the Defendant heard the phrase “10,000 won from a person who was unaware of his name,” from a person who was unaware of his name in front of the shooting distance at the Seocho-gu Seoul, Seocho-gu distribution Dong, and issued the agricultural bank passbook (I) and physical check card, etc. under the name of the Defendant to the person who was unaware of his name.

Accordingly, the Defendant transferred the means of access to electronic financial transactions to another person for consideration.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning J, K, and L;

1. A written statement of M, N,O, P, Q and R;

1. Application of Acts and subordinate statutes on financial transaction information (ACF)

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;

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

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

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