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(영문) 청주지방법원 2017.12.15 2017고정228
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

No one shall issue a transaction instruction in electronic financial transactions or lend any access medium, such as an electronic card, which is used to secure the authenticity and accuracy of users and the details of such transaction, to another person while receiving, demanding or promising to do so.

Nevertheless, around May 10, 2016, the Defendant received 600,000 won from the deceased person in front of the D cafeteria located in Gwangju Dong-gu, Gwangju, and sent the e-mail card 1 and password connected to the Defendant’s name bank account (E) to the deceased person via Kwikset service.

Summary of Evidence

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement made by the police with regard to F;

1. Details of financial transactions, provision of financial transaction information, and CCTV video data;

1. A written petition;

1. The application of Acts and subordinate statutes to each investigation report (for example, 2, 12, 13);

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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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