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(영문) 부산지방법원 2014.09.05 2014고정2731
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court, and the judgment became final and conclusive on June 20, 2014.

1. [2014 high-level 2731] No person shall transfer or acquire the passbook, cash card, and passwords necessary for using the cash card which is an electronic financial transaction, or user numbers, etc. registered with financial institutions or electronic financial institutions;

On July 31, 2013, the Defendant received 100,000 won per one passbook from the non-defluence bank located at the bottom of the Busan Seo-gu, the Defendant transferred the means of access to the electronic financial transaction by caseing the passbook and the check card in the Busan bank account (Account Number C) and the Internet banking security card in the name of the Defendant.

2. [2014 High 2914] On August 12, 2013, the Defendant acquired the means of access to electronic financial transactions, such as a passbook (Account Number:E), physical card, and password, from Defendant-gu D, at the lower distance at the bottom of the Dong-dong at the port of Busan, Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement made to F, G, and H;

1. Response to each warrant;

1. Each report on investigation;

1. Previous records of judgment: Results of case search bound in the records of public trial, application of the respective Acts and subordinate statutes;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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