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(영문) 인천지방법원 부천지원 2016.06.15 2016고정59

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Defendant

A is a person who works as an apartment security guard.

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on August 13, 2014, in response to the proposal that the Defendant would make the Defendant use of the passbook from a person who is not the name, the Defendant transferred one bank passbook (Account Number B) and one check card connected thereto, which was opened in the name of the Defendant at the new branch of the Han Bank, Dong-dong Seoul, Yangcheon-gu, Seoul, to the Defendant on the 14th day of the same month, and transferred the access media by informing the Defendant of the password.

Summary of Evidence

1. Application of each Act or subordinate statute of the response to a request for report on damage and financial transaction details;

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 Criminal Act of the Commercial Competition;

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;