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(영문) 서울서부지방법원 2017.05.12 2017고단359

전자금융거래법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer any access medium, such as an electronic card and password, to any third person.

Nevertheless, on November 16, 2016, the Defendant sent a letter of “to pay the price on a face-to-face by lending an account that is not used” to the Defendant’s name-to-face and telephone conversations with the above name-to-face and agreed to transfer the physical card and password under the Defendant’s name to the above name-to-face and receive two million won in return.

At around 17:00 on the same day, the Defendant, using a house line near Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 248 to deliver one check card under the name of the Defendant (in case of a partnership account: Jeju bank B in the name of the Defendant) to the above party, and added a password by telephone.

Accordingly, the defendant transferred the above physical card and password, which is an access medium, to the above person who is not the name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of the results of transfer management and provision of financial information (A) and the application of Acts and subordinate statutes to each user;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines (including serious reflectivity, circumstances leading to the crime, history of the crime, etc.);

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;