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(영문) 울산지방법원 2015.07.24 2015고정549

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or acquire a password, user number, etc. registered in a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, at around 15:00 on May 25, 2014, the Defendant called from the Defendant’s office located in Ulsan-gu, Ulsan-gu, to offer a passbook of KRW 6 million to a third party who would transfer the passbook from his name-free person. On May 26, 2014, the Defendant transferred, around May 26, 2014, a passbook, check card, and password on the post office account in the name of the Defendant through Kwikset Service (C), the Nonghyup Bank (D), the Suhyup Bank Account (E), and the Gyeongnam Bank Account (F) account.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint of G;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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 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;