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(영문) 수원지방법원 성남지원 2013.06.14 2012고정1494

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 shall be one day.

Reasons

Punishment of the crime

B In order to use the means of access for a telephone financial fraud crime, B obtained the cash card and password, etc., which is the means of access in electronic financial transactions, from a person who has no personal identity, who wants to acquire a passbook, cash card, etc., by receiving a daily allowance from a door-to-door engineer, and transferred the said means of access to the Defendant. The Defendant offered to transfer the said means of access to the person designated by the above means of access as above.

B around January 17, 2010, at the front of the DPC bank located in Seongdong-gu Seoul Metropolitan Government, through Kwikset Service, received the means of electronic financial transactions, such as a copy of passbook E, etc., cash card, and password, as shown in the attached list of crimes. At around 16:30 of the same day, the Defendant transferred the means of access, such as E, nine cash cards, and nine electronic financial transactions, such as E, from the Defendant.

Accordingly, the defendant transferred or acquired the means of access in collusion with B/the above-mentioned names.

Summary of Evidence

1. Each police interrogation protocol on the accused and B;

1. Application of seizure records and list statutes;

1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act concerning criminal facts, and Article 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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;