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(영문) 대전지방법원 홍성지원 2016.11.10 2015고정346
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 10, 2015, the Defendant was sentenced to six months of imprisonment for the crime of larceny, etc. at the Gwangju District Court, and the said judgment became final and conclusive on November 17, 2015.

Except as otherwise provided for in other Acts, no means of access used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction shall be transferred, taken over or pledged.

Nevertheless, around January 2015, the defendant issued a passbook and a physical card (including a password) to the defendant's nominal foreign exchange bank B account in front of the foreign exchange bank located in the Seo-gu Special Metropolitan City, Seo-gu.

Accordingly, the Defendant transferred the means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A petition, a detailed statement of transaction, a written confirmation of the results of electronic financial transfer, and a warrant of search, seizure and verification;

1. Before holding: Investigation report (verification of facts pending in trial), judgment, application of Acts and subordinate statutes to the information summary of the case;

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

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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