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(영문) 수원지방법원 2015.10.29 2015고정2259

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, the means of access, such as an electronic card used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the transaction details and other corresponding information shall not be transferred or acquired.

Nevertheless, on February 7, 2015, the Defendant agreed to receive KRW 3.5 million in return for the transfer of the physical card and password, and transferred the physical card and password of the Internet Bank B account opened at the gold point in Korea Bank from the gold point in Korea, to a person who is not aware of the trade name, through Kwikset Service Articles.

Summary of Evidence

1. Defendant's legal statement;

1. C’s petition;

1. Application of Acts and subordinate statutes to the details of account transactions and customer personal information inquiry;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the defendant recognized his mistake and reflects his mistake; (b) there is no record of punishment for the same kind of crime; (c) there is no actual profit from the crime; and (d) the number of means of access transferred; and (b) the penalty as set forth in the summary order