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(영문) 서울남부지방법원 2012.10.18 2012고정2341
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall transfer, acquire or pledge any means of access for electronic financial transactions unless otherwise provided for in other Acts.

On October 30, 2009, the Defendant transferred the means of access for 150,000 won per one account to a person whose name is unknown, and the Defendant transferred the means of electronic financial transactions in the form of a post office passbook (Account Number: B), a corporate bank passbook (Account Number: C), a fisheries bank passbook (Account Number: D), an EC Bank passbook (Account Number: E), a community credit cooperative passbook (Account Number:F) and a cash card of each of the above accounts to a person whose name is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on CCTV screen which has opened a bankbook for investigation report; and

1. The trading ledger of the online ordinary deposit (the investigative record No. 1: 54 pages);

1. Making inquiries into details of financial transactions (post offices);

1. Statement of transactions by account (corporate bank);

1. A specification of transactions of self-reliance deposits (KFFC);

1. A deposit transaction statement (the first bank);

1. Application of Acts and subordinate statutes to online trading ledger of ordinary deposits;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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