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(영문) 수원지방법원 안산지원 2014.02.04 2014고정17

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall transfer or acquire any means of access which is the means or information 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.

1. On March 26, 2013, Defendant A sent Kwikset service a passbook, cash card, etc. on the account of a national bank account (Account Number B) opened in his/her own name at a branch of the National Bank in Shincheon-dong, Sincheon-dong, and thereafter, Defendant A transferred the means of access to electronic financial transactions by receiving KRW 500,000 from D in return.

2. On April 25, 2013, the Defendant sent to C and D the means of access to electronic financial transactions via a bank account (Account Number E), cash card, etc. opened in his/her name at a branch of an enterprise bank located in Gyeyang-dong, Gyeonggi-do, and in return, received 1.5 million won from D and transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol of C, D, F, G, and H;

1. Each criminal investigation report and written extradition;

1. Application of Acts and subordinate statutes to previous offenders, residents, and inquiry members society;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.