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(영문) 창원지방법원 통영지원 2015.08.07 2015고정402

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and other persons shall be transferred to any other person with a means of access, such as a identification card and password necessary to use such information.

Nevertheless, on January 5, 2015, through Kwikset service 207 Dong 1001, the Defendant did not confirm the specific personal information, office location, etc. of the underpaid persons, and transferred cash cards linked to one’s own bank account (Account Number: D) to the underpaid persons through Kwikset service.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial entry of the police interrogation protocol of the accused;

1. E statements;

1. In full view of various circumstances, such as a specification of transactions, withdrawal CCTV (the personal information of the person to whom the cash card was issued, the office’s exact location is not verified, and the specific time or place for returning the cash card is not specified, the fact that the Defendant transferred the cash card, which is the means of access, as recorded in the facts constituting a crime, is recognized (see Supreme Court Decision 2011Do16167, Jul. 5, 2012). Accordingly, the defense counsel’s assertion disputing this is not acceptable).

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.