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(영문) 서울중앙지방법원 2014.01.27 2013고정5911
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Seoul Central District Court, which became final and conclusive on December 26, 2013.

No person shall transfer any passbook, cash card, password, etc., which is a means of access used in electronic financial transactions.

1. On September 10, 2012, the Defendant opened a deposit account (C) at the new bank location in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and made a passbook, cash card, etc., and sold the account to the needy in return for the price.

Accordingly, the Defendant transferred the above passbook and cash card, which is the means of access.

2. From July 2012 to September 2012, the Defendant opened a deposit account (D) at a temporary and irregular national bank branch, made a passbook, cash card, etc., and sold it to the needy parties at the time of the occurrence.

Accordingly, the defendant transferred the above national bank passbook and cash card, which is the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of account transactions;

1. Examination on a request for financial transaction information;

1. Previous convictions in judgment: Investigation report (Attachment to the first instance judgment in a case where a suspect A is tried in a crime of fraud), application of each of the judgment statutes;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the selection of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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