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(영문) 의정부지방법원 2017.05.18 2017고정224

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over cash cards or passbooks with his/her belt (a password necessary for the use of a cash card, a user number registered with a financial institution or an electronic financial institution) or establish a pledge right, or lease or take over such access media in return for consideration, or arrange the lending or taking over such lending, or arranging the lending, etc. thereof.

On September 2, 2014, the Defendant made a passbook (Account Number:B) and each physical card (credit number: C) at a new bank near Yongsan-gu Seoul Metropolitan City, Yongsan-gu, and delivered a password to the outside of the case, and transferred the passbook and cash card, which is a medium access to electronic financial transactions.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Details of transfer, and application of Acts and subordinate statutes on new data;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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;