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(영문) 서울동부지방법원 2015.09.08 2015고정1164

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who works temporarily from a convenience store.

No person shall transfer a means of access used in electronic financial transactions, except as otherwise provided for in any other Act.

Nevertheless, on October 2014, the Defendant: (a) reported on the advertisement to give money to the Defendant on the Internet website of “Nberber Kaf; and (b) received the proposal that “if you send the passbook, check card, and password to Kwikset service, you will give KRW 200,000,000,000, if you send the passbook, check card, and password to Kwikset service; and (c) transferred the means of access to financial institutions by delivering the passbook, check card, and password to the accounts of Kwikset (B) under the name of the Defendant through the article of Kwikset service in Gyeyang-si located in Ansan-si in Gyeyang-si, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning transaction by account;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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;