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(영문) 서울서부지방법원 2017.07.07 2017고단1228
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall transfer 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 in using and managing such access medium unless otherwise specifically provided for in any other Act.

On May 2016, the Defendant: (a) established a corporation under the name of the Defendant from a person in unsound name to transfer the passbook in the name of the said corporation; (b) agreed to do so; and (c) established a limited company B as the representative of the Defendant; and (c) transferred a passbook, check card, and OTP generation machine connected to the Nong Bank Account (C) in the middle of the bus stops located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul, to a person who is not in the name of the Defendant, on June 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Copy of details of transactions, details of financial transactions, and application of application statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 1, 6 (3) 1, and 6 (3) 1 of the Act on Electronic Financial Transactions for the Selection of Punishment, and Selection of fines (such as confessions, reflectivity, and the fact that there is a past record of being suspended from indictment once for an offense).

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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