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(영문) 서울북부지방법원 2015.09.02 2015고정1737

전자금융거래법위반

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[2015 High Court Decision 1737] No person may transfer or acquire a means of access unless otherwise specifically provided for in other Acts in using and managing the means of access. On September 2012, the Defendant transferred a passbook (B), password, and physical check to a person who was unaware of the name that he/she became aware of through the Internet at a one-time district in Seoul, Seoul, through Kwikset Service, and received KRW 150,000 in return.

[2] In using and managing the means of electronic financial transactions, no person shall transfer or acquire any cash card, password, etc., which is a means of access unless otherwise expressly provided for in any other Act.

Nevertheless, on September 3, 2013, the Defendant transferred 150,000 won in cash to a person who is not entitled to personal information, one copy of the Agricultural Cooperative Account (Account Number: C) under the name of the Defendant, one copy of the cash card connected thereto, one debit card, one application for Internet banking, and the password of passbook.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement of the police made with regard to D, and statement of liquidity transactions and inquiry into the details thereof (A account);

1. Application of E statements and transfer receipt Acts and subordinate statutes;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;