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(영문) 대전지방법원 서산지원 2018.05.30 2018고단232

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 provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

Nevertheless, the Defendant, at around January 2018, sent the access media to Kwikseter, who sent the name and passwords to Kwikseter, indicating that “on the face of sending a e-mail card,” from a person who was influence to his/her name before the influence of the trade name around 1005 Kwikset-ro Ro-ro 1005 Masan post office, and sent the access media by sending it to Kwikseter, who sent him/her a e-mail card, with the name and passwords connected to the Saemaul Treasury Account (B) in his/her name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the details of transfer (agricultural Cooperatives), internal investigation reports (in the case of Gyeongnam, attaching details of transfer), investigation reports (specific to the name of the Saemaul Treasury account holder), investigation reports (Attachment to the image of theCCTV);

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines (influences, and non-existent points, etc.);

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;