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(영문) 서울중앙지방법원 2016.04.21 2016고정508
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over cash cards or passbooks with his/her belt (a password necessary for the use of a cash card, a user number registered with a financial institution or an electronic financial institution) which are media access to electronic financial transactions, or establish a pledge right, lease or take over such access media in return for the price therefor, or arrange the lending thereof, or arrange the lending thereof.

Nevertheless, on June 22, 2015, the Defendant listened to the speech that “the Defendant would pay a fee when sending an account necessary for loan operations,” and transferred the access media by informing the account number and password of the National Bank Account (Account Number B) and the secret number without a media, and on July 2, 2015, transferred the number of the Saemaul Treasury Account (Account Number C), the serial number, and the secret number of the passbook to the name in a manner that he/she informs the name in the above name in a manner that he/she would inform the name in the above name in a manner that he/she would receive a total of 9.10,000 won in return.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a letter of inquiry about details of transfer transactions, a letter of financial transaction information, a copy of a bankbook of the National Bank, and a copy of a Saemaeul Treasury;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 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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