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(영문) 의정부지방법원 고양지원 2016.01.21 2015고정1320

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 transfer or take over cash cards or passbooks with his/her belt (a password necessary for the use of a cash card, a user number registered with a financial institution or an electronic financial institution) which are media access to electronic financial transactions, or establish a pledge right, lease or take over such access media in return for the price therefor, or arrange the lending thereof, or arrange the lending thereof.

Nevertheless, around June 9, 2015, the Defendant transferred the passbook and physical card (including passwords) to the national bank account (C) in the name of the Defendant to the needy through Kwikset service in order to deliver it to the needy.

Summary of Evidence

1. Statement by the defendant in court;

1. The police defendant examination protocol against the defendant;

1. Written statements and E statements;

1. Details of each deposit, application of Acts and subordinate statutes on financial transaction replies;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (In accordance with the evidence above, the defendant transferred passbooks, physical cards, and passwords together, and one crime is established for each of the above access media, and each of the above concurrent crimes is established)

1. Selection of an alternative fine for 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;