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(영문) 서울중앙지방법원 2017.01.19 2016고정89
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, the defendant shall not transfer or take over any electronic card used to issue instructions on transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, and any other access medium, such as information equivalent thereto.

Nevertheless, on November 20, 2012, the Defendant (OTP) transferred 20, 20, 30,000,000 won, to the operator D of the “C”, an illegal private sports soil site, the Internet banking account (B) and the debit card, security card, and single-use package (OTP) that can be withdrawn from ATM.

Accordingly, the Defendant transferred an access medium, such as an electronic card.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A calendar copy in the Agricultural Cooperative Account (B);

1. Application of Acts and subordinate statutes to investigation reports (related to information and account analysis);

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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