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(영문) 울산지방법원 2016.06.03 2016고정119
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity of users and the transaction details.

On April 15, 2014, the Defendant was offered a proposal to offer money by lending from a person with no name to the head of a Tong.

The Defendant had previously sent the passbook and cash card to obtain a loan by means of such a prior lending, and had experience in not receiving a loan and receiving a return of the passbook, etc., so it may be impossible to receive the refund even if he sent the passbook and cash card to the above person without the name of the Defendant.

I think.

Nevertheless, on April 15, 2014, the Defendant transferred a post office (B) account in the name of the Defendant, such as a passbook and physical card, to a person who is not his name, on the front of the post office located in Ulsan-gun, Ulsan-gun, the post office located in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of financial transactions with the principal;

1. Application of reply statutes to requests for the provision of financial transaction information;

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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