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(영문) 수원지방법원 2013.12.19 2013고정1276

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person, if he/she is issued a passbook, cash, debit card or a password necessary for the use thereof, which is a means of access used in electronic financial transactions, shall transfer it to or be exempted from any other person, except as otherwise provided for in any other special circumstances.

Nevertheless, on August 9, 2011, the Defendant received a proposal from the person who was in the name of the second half of 30,000 won, stating, “A request for the creation of a passbook and a physical card from a bank located near the Suwon Station.” On the same day, the Defendant opened an account at a new bank located in the Suwon-ro 1, Suwon-gu, Suwon-si, which was located in Suwon-si, and issued a new bank account (Account Number: B) in the name of the Defendant to the person who was in the name of the above.

Accordingly, the Defendant transferred the physical card, which is the means of electronic financial transactions, to another person.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A written statement prepared in C;

1. Application of statutes, such as details of transactions;

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 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;