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(영문) 대구지방법원 서부지원 2017.02.10 2016고정712

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 person shall transfer or take over any electronic card or other electronic information equivalent thereto, any user number registered with a financial institution or an electronic financial business operator, or a password necessary for using such means or information in order to issue instructions on transactions or to secure the authenticity and accuracy of users and the transaction details, or transfer or take over any electronic financial transaction access medium issued by a financial institution.

Nevertheless, on January 7, 2015, the Defendant transferred each head of a new bank account (B) and physical card and password to the Daegu Bank account (C) opened in the Defendant’s name at the sub-stopp store near the stop place located in Daegu-gu, Daegu-gu, 496, to women who are not named.

Summary of Evidence

1. A report on the examination of the police suspect against the defendant (including a copy of a new bank account transaction paper attached thereto and a copy of a passbook in the Daegu Bank Account);

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;