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(영문) 부산지방법원 동부지원 2015.04.23 2015고정69
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

No person shall transfer any means or information used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction in using and managing such means or information, unless otherwise provided for in other Acts.

On July 7, 2014, the Defendant received the call from a person who was named in the name of the Defendant, stating, “The Defendant would pay 2.5 million won per month in return for the phone card, etc. connected to the financial account.” At around that time, the Defendant transferred it to the person who was named in the name of the Defendant through Kwikwikset Service’s article, which is one’s residence, through Kwikset Service’s housing, through the Daegu Bank Card (Account Number C) in the name of the Defendant.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Written statements prepared by D;

1. Application of the Acts and subordinate statutes stated in the copy of the electronic financial transfer result certificate (Evidence No. 12 pages), the copy of the application for deposit transaction (Evidence No. 28 pages);

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. 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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