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(영문) 대구지방법원 김천지원 2014.05.22 2014고정236

전자금융거래법위반

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access issued for electronic financial transactions by a financial institution or electronic financial business entity.

Nevertheless, around August 7, 2013, the Defendant transferred the passbook (Account Number B) and password issued under the name of the Defendant to a person who cannot know his/her name at the new bus terminal in Boan-dong, New-dong, Incheon-si, with KRW 100,000 from a person whose name is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. As to the response to the request for financial transaction information (42 pages of investigation records), the application of text messages attached to the police interrogation protocol of the defendant to the police officer examination protocol;

1. Relevant Article of the Act on Criminal Facts, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act regarding the selection of punishment, the selection of fines (in consideration of the fact that the means of access transferred has been actually provided for a crime, partial reduction shall be made in consideration of the fact that the crime has been led, the confession and reflect of the crime, the fact that the gains acquired

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;