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(영문) 서울동부지방법원 2016.06.01 2016고단101
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 any access medium used in electronic financial transactions.

Nevertheless, on August 18, 2015, the defendant transferred the account number and password of the national bank B account in the name of the defendant, and the account number and password of the new bank C account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. A report on damage incurred in preparingD and a written statement;

1. Detailed inquiry into the details of financial network inquiries, search for seizure, reply data, and copies of each passbook;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes. Article 40 (Selection of Penalty Surcharge);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on July 22, 2010 on the ground of the sentencing of Article 334(1) of the Criminal Procedure Act is based on the following: (a) despite the fact that there was a history of punishment of a fine of one million won by transfer of the access medium, a new approach medium is transferred; and (b) the fact that the Defendant actually suffered from singinginging damage by using the access medium transferred by the Defendant, etc.

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