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(영문) 인천지방법원 2014.04.11 2014고정944

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer a means of access 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.

On October 19, 2012, the Defendant was sentenced to a fine of KRW 500,00 as a violation of the Electronic Financial Transactions Act on the ground that the Defendant transferred the means of access for electronic financial transactions, such as passbook and cash card, to the Incheon District Court. On October 7, 2011, the Busan District Prosecutors’ Office and the Seoul Central District Prosecutors’ Office were sentenced to the suspension of indictment twice on the grounds that the transfer of electronic financial media, such as passbook, was made on September 30, 201, respectively, on the ground that they were subject to investigation and judgment, and thus, the Defendant was aware that his act constitutes a crime and can be used for scing, etc.

Nevertheless, around September 16, 2013, the Defendant transferred the means of access by delivering the passbook, cash card and its password to the Japanese bank account (D) under the name of the Defendant, through Kwikset Service Articles in front of the Defendant’s residence in Jung-gu, Incheon, 705 Dong 503 (C).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on transfer;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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.