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(영문) 대구지방법원 2013.12.19 2013고정2776

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

In order to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the details of transactions with users and other users, no means of access, such as an electronic card, electronic information equivalent thereto, certificate, password, etc., shall be transferred or taken over or pledged unless otherwise expressly provided for in any other Act.

Nevertheless, around July 2013, the Defendant received 2.7 million won in front of the relative office in Daegu Suwon-gu, and transferred the means of access, such as the cash card and password under the name of the Defendant, to the needy by using Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Return to an account;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 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.