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(영문) 울산지방법원 2015.05.21 2015고정472

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and other persons shall be transferred to any other person with a means of access, such as a identification card and password necessary to use such information.

Nevertheless, the Defendant did not verify the specific personal information, office location, etc. of the person in distress, and without determining the specific time, place, and method of return of the cash card, received one million won per account from the person in distress of the bank account. On October 13, 2014, the Defendant transferred, through Kwikset service, one bank (Account Number: D) and two cash cards linked to the account of the bank (Account Number: E) to the person in distress through Kwikset service.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of transactions in each passbook;

1. Report on internal investigation (verification of the points of establishment);

1. Details of transactions;

1. Application of Acts and subordinate statutes for investigation reports (specific report on accounts subject to prosecution);

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

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

1. Optional fine;

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;