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(영문) 서울서부지방법원 2017.10.20 2017고단1982
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on October 18, 2016, the Defendant stated that it is necessary for the Defendant to illegally transfer a large amount of money in China to Korea from a non-permanent area of a place to a third party, and obtained the account number (D) of the national bank account in the name of C, an official certificate issued by the above bank, and an OTP producer and its password, and around that time, the Defendant transferred the above account number, an official certificate, and an OTP producer and its password to the non-resident in the name of China.

Accordingly, the defendant acquired and transferred access media for the purpose of using them for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect C by the prosecution;

1. Copy of the E statement;

1. Application of investigation reports (verification of the date of issuance of suspect OTP), receipts, and reply statutes on 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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