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(영문) 수원지방법원 2016.01.21 2015고정3002
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction, or set up a pledge thereon.

Nevertheless, around April 6, 2015, the Defendant transferred the financial access media directly to D, after receiving KRW 300,000,000,000 from the foreign exchange bank account (C) through the foreign exchange bank account opened in the name of the Defendant at the parking lot of the foreign bank located in Nowon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Financial transaction details;

1. Application of Acts and subordinate statutes on the occurrence report;

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. Although the reasoning for sentencing of Article 334(1) of the Criminal Procedure Act does not relax the outcome of the instant crime, such as the occurrence of the victim by using the access media illegally transferred by the accused for the reason of sentencing of the provisional payment order, the punishment as set forth in the summary order shall be partially reduced by taking into account the fact that the Defendant recognized his mistake and is in profoundly against the Defendant, the primary offender, the number of the access media transferred, etc., and determined by the summary order.

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