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(영문) 서울서부지방법원 2018.08.08 2018고단2115
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall transfer any access medium.

Nevertheless, on August 2017, the Defendant: (a) heard the speech that he would make a loan to a third party by establishing a passbook; and (b) opened the agricultural bank account in the name of the said company at the 3rd branch of the Nonghyup Bank; and (c) transferred the passbook, the OTP, and the password to the third party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of statutes on the result of execution of a search and seizure warrant to the Nonghyup Bank (the details of account transactions in the name of limited company B);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine (including the first offender and reflective points, etc.);

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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