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(영문) 서울남부지방법원 2016.10.12 2016고정512

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall transfer or take over a means of access or borrow a means of access with compensation or with compensation therefor.

Nevertheless, on September 5, 2014, at a place where the location is unknown, the Defendant sent a passbook and a physical card linked to the Defendant’s name-free bank account (C) to the name-free person.

Accordingly, the Defendant transferred the means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D;

1. Financial transactions in the principal;

1. Investigation report (application for a warrant of seizure, search, verification, application for financial accounts), investigation report (verification of the date on which a foreign exchange bank account in the name of a suspect is opened);

1. Application of Acts and subordinate statutes on notification of the current status of financial transactions and the details of issuance of data, such as a warrant for search, seizure and verification, reply;

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. Articles 70 (1) 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;