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(영문) 인천지방법원 2014.10.17 2014고정1802
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 8, 2012, the Defendant was sentenced to four months of imprisonment with prison labor for occupational embezzlement at the Seoul Central District Court on May 16, 2012, and the judgment became final and conclusive on May 16, 2012, and on April 10, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for larceny, and appealed on April 15, 2014, but the judgment was final and conclusive as it was.

Except as otherwise provided for in other Acts, the means of access used to make a transaction request or to secure the accuracy of users and the transaction details shall not be transferred, taken over or pledged in electronic financial transactions.

On December 2, 2011, the Defendant received 1.50,000 won the passbook, physical card, and password from the foreign exchange bank account (B) in the name of the Defendant in front of the new forest basin located in the Gwanak-gu, Seoul Special Metropolitan City, and transferred it to the person who was unaware of the name.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Investigation report (the confirmation of the establishment point and the transfer);

1. A deposit certificate;

1. Previous records: Results of the inquiry into a case and the application of statutes governing the judgment;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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

1. Articles 70 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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