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(영문) 부산지방법원 2015.07.15 2015고정1681
전자금융거래법위반
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On October 22, 2014, the Defendant was sentenced to a suspended sentence of two years for the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Busan District Court, which became final and conclusive on the 30th day of the same month.

No person shall transfer or acquire any passbook, password, etc. which is a means of access used in electronic financial transactions.

Nevertheless, at around 16:00 on October 23, 2014, the Defendant sent the means of access used in the electronic financial transaction to the above bearers of the Defendant through Kwikset service to the effect that “A company making clothes or shoess in China, which is in need of a business passbook, is in need of a business passbook in China, and if sending the passbook, 2 million won per month, the Defendant transferred the passbook of the national bank in the name of the Defendant through Kwikset service.”

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Payment receipt;

1. Previous convictions: Case search and application of Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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