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(영문) 전주지방법원 정읍지원 2016.10.13 2015고정175

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

Except as otherwise expressly provided for in any other Act, no one may issue a transaction request in electronic financial transactions or transfer or acquire any means of access used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, around 15:00 on July 17, 2015, the Defendant issued Kwikset’s account (D) passbook and cash cards to the bearers in front of the “C” page in the North-gu Seoul Northern-gu, Gwangju, through Kwikset Service.

Accordingly, the Defendant transferred the means of access to the above account.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of each relevant statute;

1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016);

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;