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(영문) 서울북부지방법원 2014.11.12.선고 2014고정2337 판결
전자금융거래법위반
Cases

2014Ruling 2337 Violation of the Electronic Financial Transactions Act

Defendant

(7)****************************

Prosecutor

Court** (prosecutions). Yellow** (Public Trial)

Imposition of Judgment

November 12, 2014

Text

Defendant shall be punished by a fine of KRW 2,00,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

No person may transfer or acquire a means of access in using and managing the means of access.

On February 17, 2014, the Defendant issued a proposal to pay KRW 100,000 per month and KRW 500,000 per month, and opened a passbook and the card in the name of the Defendant at the branch of the Nowon-gu in Seoul Special Metropolitan City, Nowon-gu at the location of the Nowon-gu in Seoul Special Metropolitan City on February 17, 2014. On the same day, around 17:00, the Defendant received the above passbook, card, and password from Kwikset service, who received cash KRW 100,000 from Kwikset service, and transferred the means of access to the name-free person.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement;

1. Each statement;

1. Answer (National Bank), search and seizure warrant replys;

1. A detailed statement of each transaction, certificate of confirmation, transfer certificate, receipt, the principal's financial transaction, public receipt, liquidity trading statement, table of account transaction by account, liquidity transaction statement, checking of liquidity transaction details, and a copy of passbook;

1. Application of Acts and subordinate statutes on details of letters;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act; selection of fines

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Effective Enforcement

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