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(영문) 창원지방법원 진주지원 2013.05.07 2013고정157

전자금융거래법위반

Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall transfer or acquire a means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction, except as otherwise provided for in Acts.

Nevertheless, around February 2012, the Defendant sent the passbook and cash card in the account of community credit cooperatives (Account Number C) and the account of a new bank (C) under the name of the Defendant to E at home and transferred the cash card, which is the means of electronic financial transactions, to E.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (as to the Account Number in A);

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;