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(영문) 서울동부지방법원 2015.06.24 2015고정752
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, around September 2014, the Defendant received a proposal from a hospital located in Kuju-si B to make and send a card from a person whose name is unknown, to pay KRW 3 million per unit, KRW 3 million per unit, and KRW 8 million per unit to 3,000, and transferred the means of access, respectively, by delivering three physical cards, including one physical card connected to the deposit account in the name of the Defendant, and one physical card connected with the post office deposit account, and one copy connected to the post office deposit account, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Requests for financial data;

1. Application of Acts and subordinate statutes to report investigation results;

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (wholly amended by Act No. 13069, Jan. 20, 2015) concerning criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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