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(영문) 서울북부지방법원 2016.01.15 2015고정2275

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other special provisions, no person shall transfer or take over any passbook, card, or password necessary to use such passbook, card, or password, which is a medium access to electronic financial transactions, or establish a pledge thereon.

Nevertheless, around 14:00 on August 6, 2014, the Defendant transferred the passbook and cash card (Account Number: B) in the name of the Defendant, and the passbook and check card in the new bank account (Account Number: C) in the name of the Defendant, to the needy through Kwikset service article at the street, prior to the entrance of private household subway stations located in Jung-gu Seoul, Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of deposit verification;

1. Application of Acts and subordinate statutes on response to financial information;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;