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(영문) 대전지방법원 천안지원 2016.09.02 2016고단1004
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

No person shall transfer or acquire any means of access in electronic financial transactions unless otherwise specifically provided for in any other Act.

Nevertheless, around March 25, 2016, the Defendant received a proposal from a person who has no personal name, stating that “if he send a physical card, he will receive it, use it to withdraw it again, and send it, 2 million won as a fee.” On or around the 28th day of the same month, the Defendant transferred a physical card and a password connected to the Industrial Bank of Korea (B) account in the name of the Defendant through Kwikset service at a place where Asan-si has been located in Asan-si, Asan-si, and transferred Kwikset-si and a password to the person who has no personal name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written petition;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration of the initial crime for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the provisional payment order is an initial crime for sentencing, and the fact that the crime was committed and the mistake is against each other;

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