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(영문) 서울남부지방법원 2015.04.08 2015고정388

전자금융거래법위반

Text

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

If 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 in electronic financial transactions or to secure the authenticity and accuracy of the details of the transaction, and a password necessary to use such card shall be transferred to any third party.

Nevertheless, the Defendant did not verify the specific personal information, office location, etc. of the underpaid persons, and without determining the specific time, place, and method to receive the cash card, and received five million won from the underpaid persons. On July 24, 2014, the Defendant transferred the means of access to the cash card linked to the underpaid accounts to the underpaid persons through Kwikset service in Seoul, Yangcheon-gu, Seoul and 112 Dong 601.

Summary of Evidence

1. The defendant's partial statement that he/she has a cash card drawn up;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on a petition;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;