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(영문) 울산지방법원 2014.09.15 2014고정1406

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer or take over, borrow or borrow any means of access in return for consideration, unless otherwise expressly provided for in other Acts.

Nevertheless, on November 04, 2013, the Defendant: (a) received a proposal from an unqualified person that “If the passbook is lent for three months, 1.60,000 won per day;” and (b) transferred the passbook of a post office account (C) and a means of access necessary for electronic financial transactions in each one of Kwikset’s personal account (C) opened in his/her name to an unqualified person through Kwikset’s service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A remittance statement;

1. Application of Acts and subordinate statutes on financial transaction information in the received account;

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;