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(영문) 서울북부지방법원 2016.01.20 2015고정2613
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No person shall transfer or take over the cash cards or passbooks attached with his/her belt, etc., which are the media access to electronic financial transactions, or set a pledge, receive the consideration therefor, or lend or take a lease of such access media, or arrange such act, etc.

Nevertheless, on March 2015, the Defendant transferred Kwikset service articles sent by the borrower on the condition of borrowing from the borrower on the street room located in a private household located in Seoul, Myeon-dong, Seoul, to the Defendant’s name bank account (B) and a copy of the resident registration certificate, a copy of the resident registration certificate, and a password, and transferred access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written confirmation of transfer transaction;

1. Application of the statutes on search and seizure inspection warrant and reply;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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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