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(영문) 서울남부지방법원 2016.08.24 2016고정1370
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

No "Access medium", such as an electronic card, which is used to issue instructions for transactions or to secure the authenticity and accuracy of users and the details of transactions, shall be transferred or taken over.

Nevertheless, around November 2, 2015, the Defendant transferred the cash card to the account (D) of the name of the Defendant’s bank by sending the personal information to C via a door-to-door, in accordance with the direction of a person (one-name B) who is unable to identify his/her personal information by a post office located in the New-dong Seoul Metropolitan Government (Seoul).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of a detailed statement of transactions with a Korean bank;

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;

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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