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(영문) 서울서부지방법원 2016.04.22 2015고단3190
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 any means and information-based access medium to secure the authenticity and accuracy in electronic financial transactions, such as the head of a Tong, password, cash card, etc., to any third person.

Nevertheless, around 17:00 on September 16, 2015, the Defendant: (a) obtained a letter of loan from the head of the Tong in the Eunpyeong-gu Seoul Metropolitan Government, 962 (former 120), and offered a proposal that he would use the head of the Tong for 2-3 days and offer 700,000 won as the price for the transfer of the head of the Tong; and (b) transferred the access media of electronic financial transactions, such as Kwikkset Service Delivery, to receive 700,000,000 won for the transfer of the head of the Tong.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the details of account transfer transactions and the Acts and subordinate statutes of financial institution reply data;

1. Relevant legal provisions concerning criminal facts, 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 (see, e.g., Supreme Court Decision 2009Da14899, Apr. 1, 2009)

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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