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(영문) 인천지방법원 2017.03.03 2017고단528
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

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.

On October 2016, the Defendant would pay 2,50,000,000 won to the Defendant’s cell phone from his name in order to make it possible for the Defendant to pay the physical card from his name to his own cell phone due to tax issues of the Liquor Association.

“ Upon receipt of the proposal, from B in front of the Bupyeong-gu Bupyeong-gu Busan Bupyeong-gu Bupyeong-gu, one head of the physical card of the Defendant’s name bank account (C) was Kwikkset Service, and the password was transferred to the name-oriented person, and the password was notified by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. Details of transactions in the national bank account;

1. Application of the Acts and subordinate statutes to investigation reports (attached to results of response to details of transactions by financial institutions);

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

1. Selection of a selective fine for punishment (such as the confession and reflection of a crime, and the absence of any record of punishment or any record of punishment exceeding a fine due to the same crime);

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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