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(영문) 춘천지방법원 강릉지원 2013.11.26 2013고정421

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person may transfer a means of access issued by a financial institution or electronic financial business entity.

On June 25, 2013, around 14:00, the Defendant opened a passbook (Account Number B) and a physical card at the Nonghyup branch located in Samyang-dong 23-5, Namyang-dong, 2013, and then sent the above passbook and the physical card (including passwords) to the Kwikset service engineer who sent the above passbook and the physical card (including passwords) from the street in front of the Domo-si located in Samyang-si, 15:30 on the same day, and received KRW 30,00 in return.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A detailed statement of transactions of inputs;

1. Application of the Acts and subordinate statutes to response data (such as details of transactions, CCTV images);

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

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

1. In light of the circumstances such as the fact that the passbook transferred by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was used in the showing, and the victim was damaged by five million won, it is difficult to reduce the amount of the initial summary order (three million won of fine).

It is so decided as per Disposition for the above reasons.