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(영문) 인천지방법원 부천지원 2013.12.10 2013고정1351
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request or to secure the authenticity and accuracy of users and the details of such transaction and a password necessary to use any information thereon shall be transferred or acquired to any other person or pledged.

Nevertheless, on March 2012, 2012, the Defendant opened a new bank account in the name of the Defendant in the vicinity of the National Bank in the name of the Defendant (E) in the name of the Defendant, and transferred a means of access used for electronic financial transactions by means of selling the national bank and the new bank passbook in the name of the Defendant, in return for certain compensation, such as opening a new bank account in the name of the Defendant, and receiving KRW 100,000,000 from the new bank in the name of the Defendant, in the name of the Defendant, through Kwiksetkset Service, on condition that the Defendant reported and contacted the purchase of the Internet passbook in front of the original bank in the name of the Seocho-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and received KRW 100,000,000 from the said new bank.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement to G, H, I, and J;

1. Each statement of K, L, M, and N;

1. Application of the Acts and subordinate statutes on the application for financial transaction information, the copy of a new passbook, and the new bank transaction;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;

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