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(영문) 울산지방법원 2016.05.13 2016고정289
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

On July 23, 2015, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Act on the Punishment of Acts, including the Mediation, etc. of Commercial Sex Acts, and such judgment became final and conclusive on December 23, 2015.

Except as otherwise provided for in any other special provisions, no person shall transfer or take over any passbook, card, or password necessary to use such passbook, card, or password, which is a medium access to electronic financial transactions, or establish a pledge thereon.

On December 4, 2014, around 11:56, the Defendant promised to receive KRW 1,00,000 from Ulsan-gu B, the Defendant’s residence, and transferred the password, password, Internet banking ID, and security card number, etc. of the new bank account in the name of the Defendant to the Defendant via Kakao Stockholm.

Summary of Evidence

1. Statement by the defendant in court;

1. Answer to financial information (A);

1. Each internal investigation report and each investigation report;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as text of judgment and inquiry about criminal history;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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