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(영문) 울산지방법원 2015.07.23 2015고정948

전자금융거래법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer a means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, around December 30, 2014, the Defendant: (a) heard a statement that “I will give KRW 200,000 per day if I send a passbook to I wish to send the passbook; (b) I would like to give money if I would send a text message from the person under whose name the message was not made; and (c) on the same day, I sent a physical check card and passbook connected to the company bank account (B) in the name of the Defendant in the name of the Defendant before the restaurant near the new month street in Gangseo-gu Seoul, Gangseo-gu, Seoul; and (d) notified the above person of the password’s name and passbook text message.

Accordingly, the Defendant transferred the means of electronic financial transactions to others.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence Nos. 5, 7, 8);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act that choose a sentence, and fines;

1. Articles 70 (1) 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;