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(영문) 서울북부지방법원 2015.10.07 2015고정1909
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 19, 2013, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Northern District Court for larceny, and the judgment became final and conclusive on December 27, 2013.

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall transfer or acquire a means of access in electronic financial transactions, lend or lease a means of access for consideration, or establish a pledge thereon.

Nevertheless, around December 13, 2012, the Defendant opened an account under the name of the Defendant at the main office of the National Bank located in the Nam-gu Incheon Metropolitan City National Bank (B) and issued Kwikset service to the name-oriented party through Kwikset service on condition that the passbook and the cash card and password that can be used in connection with the above account, which is the means of electronic financial transactions, are leased for three months after receiving 300,000 won.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s petition;

1. Report on internal investigation (verification of points of opening an account), warrant for search, seizure, and verification, and report on internal investigation (attached to a reply, such as details of transactions of criminal records);

1. Previous convictions indicated in the judgment: Impositions before and after the disposition, report on the result of confirmation, and application of Acts and subordinate statutes of the case inquiry

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. The latter part of Article 37 and the former part of 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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