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(영문) 창원지방법원 통영지원 2018.08.08 2018고단627

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity of users and the details of such transaction.

Nevertheless, on February 12, 2017, the Defendant was aware of the fact that he had been living in the parallel of Korea at the south-dong from the south-do port of Gyeong-si.

B, after hearing the phrase “the head of a Tong sold by mistake so that the head of a Tong is urgently needed” from C, the head of a Tong and a password, an access medium connected to the National Bank Account (Account Number D) under the Defendant’s name, and the head of a Tong and a password, an OTP, and a check card were transferred.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect B or C by each public prosecutor;

1. Statement made by the police for E;

1. Warrant reply - Application of the Acts and subordinate statutes on transaction details of national banks and national banks;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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