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(영문) 부산지방법원 2016.08.18 2015고정4327
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On December 23, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on June 3, 2016.

No person shall transfer or acquire a password necessary for the use of an electronic card or an electronic card, which is a medium access to electronic financial transactions, or a user number, etc. registered with a financial institution or an electronic financial institution, or establish a pledge.

On September 12, 2012, the Defendant: (a) opened the agricultural bank account in the name of the Defendant (Account Number:B) and transferred the access media using 500,000 won as a result of the Internet search to the names in the name of the deceased, who became aware of through the Internet search, prior to the point in the Dondong, Seo-gu, Busan, Busan. In addition, the Defendant transferred the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions and replies;

1. Photographs;

1. Previous convictions in judgment: Application of outputs of search of net case, and copies of text of judgment to statutes;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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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