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(영문) 부산지방법원 2014.10.29 2014고정3738
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 28, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, and the judgment became final and conclusive on May 10, 2014.

No person shall transfer or acquire the means of access for electronic financial transactions, unless otherwise provided for in other Acts.

Nevertheless, around May 8, 2013, the Defendant transferred the means of access for electronic financial transactions by transferring Kwikset service articles in the Busan B Dacol (C), a new bank account (D), a credit cooperative account (E), a post office account (E), a password, and a physical card under the name of the Defendant through Kwikset service articles.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A statement of transactions, inquiry, application for new bank accession, and statement of transactions of new banks;

1. Each internal investigation report and each investigation report;

1. CCTV image data, letters submitted by the suspect, and Kakao photographs established by the suspect upon closure;

1. Previous records of judgment: Results of case search bound in the records of public trial, application of the respective Acts and subordinate statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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