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(영문) 수원지방법원 안양지원 2013.10.10 2013고정717

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall transfer or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card which is the means of access to an electronic financial transaction.

Nevertheless, around April 25, 2012, the Defendant opened the NA account at the NAC branch near the Government Viewing Dong on the same day and transferred the means of access by providing Kwikset service with the passbook, cash card, password, etc. of the said account, which was sent by the “D” person near the Government Viewing on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;