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(영문) 서울남부지방법원 2016.04.28 2016고정825
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of users and transactions shall be transferred.

Nevertheless, the Defendant, on August 19, 2015, proposed that he would give a loan by raising credit rating if he sent a cash card from a person who misrepresented to a bank employee. On August 21, 2015, the Defendant transferred the cash card connected to the Defendant’s SC bank account (D) before the Defendant’s home located in Gangseo-gu Seoul Metropolitan Government, to Kwikset’s service engineer an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of a bankbook bank account;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 1 (excluding punishment);

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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