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(영문) 서울북부지방법원 2018.08.24 2018고정905
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 or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution, or establish a pledge necessary for the use of a physical check card or physical check which is a medium access to electronic financial transactions.

Nevertheless, on January 10, 2018, the Defendant would pay KRW 300,000,000 per month when transferring an account so that he can use the tax from a person who assumes a false name with a trade company.

“On January 15, 2018, the proposal was received and accepted, and around January 15, 2018, the Kwikset service provider sent the false names through the security guards from the Seoul Special Metropolitan City, Nowon-gu apartment security office to the company bank account (C) connected to the Defendant’s name.

Accordingly, the defendant transferred a physical card, which is a medium of access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the receipt of deposit confirmation and suspect A transaction details;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

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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