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(영문) 춘천지방법원 속초지원 2016.10.05 2016고정75
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

In using and managing a means of access used in electronic financial transactions, no one shall transfer or acquire a means of access, nor arrange such transfer or acquisition, unless otherwise specifically provided for in any other Act.

Nevertheless, on September 2013, the Defendant transferred each passbook, check card, etc. connected to the Nong Bank account in the name of the Defendant (Serial: B) and the community credit cooperative account in the name of the Defendant to a person who is not his/her name, on condition that he/she will receive KRW 120,000 each day from a high-speed bus terminal located in Choyang-dong, Young-si, Young-si.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D, E, and F;

1. A written confirmation of the results of electronic financial transfer;

1. Application of each relevant statute;

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

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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