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(영문) 서울서부지방법원 2016.12.23 2016고단3223
전자금융거래법위반
Text

Defendants shall be punished by a fine of two million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer any electronic card which is the means of electronic financial transactions and other information equivalent thereto, unless otherwise provided for in any other Act.

1. On June 8, 2016, Defendant A received the word “(main text) distribution tax team,” and, if sending a e-mail card, Defendant A transferred the means of access by delivering KEB bank account (C) and e-mail card connected to the account of the National Bank (D) to Kwikset Service Officer who sent the above e-mail card, around 16:00 on the same day.

2. Around 11:00 on June 9, 2016, Defendant B contacted that “I would want to use a sports earth’s refund account as a service fee, and would give three million won per account.” On the same day, around 13:10 on the same day, Defendant B transferred the means of access to Kwikset Service Official who sent the passbook and check card connected to the KEB bank account (E) and the Kwikset’s account (F) in front of the filial piety in Mapo-gu Seoul Mapo-dong, Mapo-gu, Seoul.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. Data on warrant of search, seizure and verification;

1. A report on investigation (including attachment of materials and accompanying materials);

1. Application of details of trading, list, related photographic Acts and subordinate statutes;

1. Relevant Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act and the Defendants’ choice of punishment regarding criminal facts: Determination of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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