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(영문) 부산지방법원 2014.07.17 2013고정5730

전자금융거래법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall issue a transaction request in electronic financial transactions or transfer a means of access, such as a means or information, an electronic card, or its password, used to secure the authenticity and accuracy of users and the details of such transaction.

1. Around February 27, 2012, the Defendant of the National Bank Account opened an account (B) at a forest dong branch of the National Bank located in 13, Seo-gu, Busan, Seo-gu, Busan, and transferred the passbook, cash card, and password to C.

2. Around February 27, 2012, the Defendant bank account at a stand-based bank dong branch located in 288, as Busan, under the name of the Defendant, opened an account (D) in the name of the Defendant, and then transferred the passbook, cash card, and password to C.

3. On February 29, 2012, the Defendant of the community credit cooperatives account opened an account (E) at the forest community credit cooperatives located at 34, 184-h, Busan, Seo-gu, Busan, and transferred the passbook, cash card, and password to C after opening the account under the name of the Defendant.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and C;

1. A criminal investigation report (to be accompanied byCCTV image materials) and accompanying materials;

1. Investigation report (specific suspect);

1. Application of each specification of transactions Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and the choice of punishment, respectively, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;