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(영문) 서울북부지방법원 2017.05.18 2016고정2442
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium for electronic financial transactions, except as otherwise expressly provided for in any Act.

B around January 15, 2010, at a distance of the National Bank Telecommunication in Gangnam-gu Seoul, Gangnam-gu, Seoul, a national bank account (Account Number C) in his name was opened and the head of the Tong, the security card, and the physical card was issued and delivered to the defendant, and transferred an access medium for electronic financial transactions by means of putting the password.

A. The defendant was issued the above national bank passbook from the above B at the above date, time, place, and transferred the password to the access media for electronic financial transactions.

B. Around January 15, 2010, the Defendant transferred the access media for electronic financial transactions by issuing a passbook, security card, physical card, and physical card (Account No. H) in the name of the Defendant and issuing the passbook, security card, and physical card (Account No. H) in the name of the Defendant at the F coffee shop near the E Station distance located in Gangnam-gu Seoul, Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. (B) and application of Acts and subordinate statutes to transaction details;

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “Electronic Financial Transactions Act”) regarding criminal facts

1. Articles 40 and 50 of each Criminal Act for commercial concurrence (inter-Korean between violations of each Act on Electronic Financial Transactions due to the comprehensive transfer of multiple access media, and between violations of each Act on Electronic Financial Transactions due to the comprehensive transfer of multiple access media);

1. Selection of each alternative fine for punishment;

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 former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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