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(영문) 대전지방법원 천안지원 2016.11.15 2016고단1219
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person may transfer or acquire the means of access to any electronic financial transaction in the use and management thereof.

Nevertheless, on February 28, 2016, the Defendant received a proposal to the effect that “C” from a person with no name, will give KRW 400,000,000,000,000,000,000 from his/her name.” On February 29, 2016, around the fiveth floor of Seongbuk-gu Seoul DD Building, the Defendant transferred a physical card and a password connected with the Defendant’s bank account under the name of the Defendant, with only KRW 40,00,000,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Each written petition and each written statement;

1. Application of Acts and subordinate statutes on details of transfer transactions;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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;

1. Article 32 (1) 1 and Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Applications for Compensation Orders (not falling under crimes subject to the application for compensation order);

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