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(영문) 인천지방법원 2015.02.06 2014고정3735
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

On May 30, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and three years of suspension of execution on June 10, 2014. The judgment became final and conclusive on June 10, 2014.

No person shall issue a transaction request in electronic financial transactions or transfer a means of access used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, at around 13:00 on April 1, 2014, the Defendant, through Kwikset service articles around the old wall box, sent cash cards, the means of electronic financial transaction of the Defendant’s account (credit union B), on the condition that he would receive five million won per month from the person in default of name through Kwikset service articles in front of the old wall box.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Detailed statement of transactions;

1. Previous records of judgment: Criminal records, one copy of the results of inquiry into criminal records, one copy of the case, and the application of Acts and subordinate statutes applicable to the judgment;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning 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 of the provisional payment order;

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