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(영문) 부산지방법원 2014.09.15 2014고정2917
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 19, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Military Service Act, etc. at the Busan District Court, and the judgment became final and conclusive on December 27, 2013.

1. The Defendant in the name of B proposed that B would offer 150,000 won per head of the Tong upon request by C to inquire about the person who will transfer the means of access to electronic financial transactions, and that B consented thereto.

B On July 31, 2013, at the Busan sub-office located at the bottom of the Busan sub-office, opened a post office account (Account Number: D) under its name, and then opened a passbook and a post office card. On the same day, the head office of the Seosan Saemaeul Community Depository located at the Busan sub-dong, which opened a community credit cooperative account (Account Number: E) in its name, and then issued a passbook and a post card. At that time, the Defendant, along with B, posted two passbooks, two cards, and each password to C at the bottom of the Busan sub-dong at the Busan sub-dong.

Accordingly, the Defendant conspiredd with B to transfer the means of access to electronic financial transactions.

2. On July 2013, at the front side of the Busan bank located at the bottom of the Busan bank, the Defendant: (a) received from C the passbook, physical card, and password of the Busan bank account (Account Number:F) opened under the name of the Defendant at around that time; and (b) transferred C the means of access to the KN electronic financial transaction to C.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Documents and written statements of G;

1. Transfer certificates, details of Internet banking transactions, and replies to each financial transaction information;

1. Previous convictions in judgment: The application of printed out of the Konet case search and printed out, and a copy of judgment;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts, Article 30 of the Criminal Act (the transfer of account under paragraph (1) at the time of sale), Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act (the transfer of account under paragraph (2) at the time of sale);

1. It is decided in Articles 40 and 50 of the Criminal Code.

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