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(영문) 서울남부지방법원 2013.03.19 2013고정758

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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, such as information, which is 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, unless otherwise specifically provided for in other Acts.

Nevertheless, on December 201, 201, the Defendant sent phone call to B, who was known to China, and then sent a means of access, such as the Defendant’s bank account (C), one bank account (D), and Agricultural Cooperative Account (E)’s account number, serial number of security cards necessary for certification of official seal, Internet banking ID, and password, etc., to B, and the Defendant continued to transfer the means of access to the registered financial institution, such as the user number, etc., by notifying B of each account number of the Defendant’s foreign exchange bank account (F), corporate bank account (G), serial number necessary for certification of official seal, Internet banking ID, and password.

Summary of Evidence

1. Defendant's legal statement;

1. Specified financial transaction information;

1. Application of Acts and subordinate statutes concerning investigation reports (referring to submission of terminated accounts);

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment for a crime;

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

1. Selection of each alternative fine for punishment;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;