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(영문) 울산지방법원 2015.10.26 2015고정1186
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

[Criminal Power] On June 24, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud, etc. at the Seoul Central District Court on August 24, 2015, and the judgment became final and conclusive on July 2, 2015.

【Criminal Facts】

No person shall transfer or acquire a password (including a certified certificate), a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a physical check card or physical check, which is the means of access to an electronic financial transaction.

On March 18, 2014, the Defendant offered a proposal to offer two million won if he/she sent a passbook from a person with no personal injury to his/her name, and transferred the means of electronic financial transactions, such as passbook and physical check card, to the account under the name of the Defendant, through Kwikset delivery service.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. A written petition;

1. Previous convictions in judgment: Search of cases and application of statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

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

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