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(영문) 수원지방법원 2015.06.11 2015고정1085

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access which is requested to make a transaction in electronic financial transactions or which is used in order to secure the authenticity and accuracy of users and the details of transaction, unless otherwise specifically provided for in any other Act.

1. On July 2014, the Defendant: (a) received KRW 1.5 million from the front side of the upper upper school on the Dong-dong, Chungcheongnam-si; and (b) transferred the means of access used in electronic financial transactions to a person with no name, using Kwikset service, with a physical card, passbook, and password connected to the post office account (C) and one bank account (D) opened in the name of the Defendant.

2. On August 13, 2014, the Defendant received KRW 5 million from the front side of the New Bank in Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul to receive KRW 3 million, and transferred the means of access used in the electronic financial transaction to name-oriented persons using Kwikset through Kwikset’s services to receive KRW 5 million and to the company bank account (E) and our bank account (F), and to the foreign exchange bank account (G), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A copy of the statement made by the police officer in relation I (30 pages of the written statement in a case not prosecuted);

1. Application of Acts and subordinate statutes on trading lists by account;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the selection of fines for criminal facts;

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. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, considering that the Defendant lives as a recipient of a basic pension age, the method of access transferred by the Defendant is used for the actual crime of telephone financial fraud, the number of means of access transferred by the Defendant, and the sentencing precedents of the same kind of case, the summary order is determined.