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(영문) 서울중앙지방법원 2017.04.14 2016고정2988

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any electronic card or any similar information used to secure the authenticity and accuracy of the transaction details in electronic financial transactions, unless otherwise specifically provided for in any other Act.

On October 26, 2015, at around 13:00, the Defendant transferred a physical card connected to the bank account (B) opened in the name of the Defendant before the Dongjak-gu Office, Dongjak-gu, Seoul Metropolitan Government 161, to a person with no name, via an article of selective distribution, and then transferred an access medium by informing the password of the above account.

Summary of Evidence

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account transactions;

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 (excluding punishment);

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;