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(영문) 광주지방법원 2017.01.11 2016고정1976
전자금융거래법위반
Text

The sentence against the accused shall be determined by a fine of two million won.

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

Reasons

Punishment of the crime

No person shall transfer any access medium to financial institutions.

On March 13, 2016, at around 12:00 on March 13, 2016, the Defendant (i) heard that he would pay KRW 1 million per month from a person under whose name he misrepresented the staff of the Kwik Savings Bank “on the face of every week to allow him to use the passbook, etc., because he is necessary to do so for tax saving,” and (ii) through Kwikkset’s service articles, the Defendant transferred the access media of financial institutions by reporting the above nameless person to the national bank account in the name of the Defendant, via Kwikset’s service, one passbook connected to the national bank account in the name of the Defendant, and informing him of the password of the above account by text message.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to inquiries as a result of transfer;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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