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(영문) 부산지방법원 동부지원 2015.06.18 2015고정152

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend a means of access to any means or information used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction, unless otherwise specifically provided for in any other Act.

Nevertheless, around June 21, 2014, the Defendant borrowed the means of access by displaying the password and physical check to the above-mentioned person through the cross-country bus cargo, after receiving KRW 100,000 from the person under whose name the Defendant misrepresented the B company staff.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused prepared by the police;

1. Statement of each statement of D prepared by the police; and

1. Application of Acts and subordinate statutes stated in a written confirmation of the results of the transfer of electronic finance (Evidence No. 16 pages);

1. Relevant Article of the Act on Criminal Facts and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015);

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;