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(영문) 대전지방법원 천안지원 2017.03.31 2016고단2427
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any Act, no access medium, such as an electronic card or any other similar information, used to issue instructions on transactions or to secure the authenticity and accuracy of the details of transactions with users and other information, shall be transferred or taken over.

Nevertheless, on March 19, 2015, the Defendant issued a passbook, OTP card, official certificate, security card, etc. connected to the account (C) in the name of the Defendant in front of Suwon-si, and received 200,000 won in return for the issuance of the passbook, OTP card, official certificate, and security card.

Accordingly, the Defendant transferred the electronic financial transaction access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

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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