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(영문) 제주지방법원 2015.08.21 2015고정573

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person may transfer or acquire a means of access in using and managing the means of access.

1. Around June 2, 2011, the Defendant opened a bank C account in the name of the Defendant and transferred an electronic financial medium, such as passbook and e-mail card, to B, upon receipt of a request from the Defendant to create and deliver a passbook with the knowledge of the passbook at the Seopo-si in Seopo-si, Seopo-si.

2. Around August 19, 2011, the Defendant opened an electronic financial medium, such as passbook and e-mail card, at a new bank located at one Dong Dong-do, Jeju-do, upon the request of the Defendant to create and deliver passbook B, and transferred the passbook and e-mail card to B.

3. On December 13, 2011, the Defendant opened an electronic financial medium, such as passbook and e-mail card, at Jeju bank located in Seopo-dong, Seopo-si, Seopo-si, upon receiving a request from the above B to create and deliver a passbook, and transferred the passbook to B.

Summary of Evidence

1. Court statement of the defendant (the first court date);

1. A copy of the protocol of interrogation of the police in relation to B (the first, second, and third time) ;

1. The details of the replys made by the new bank (A), the details of the replys made by the Jeju bank (A), and the application of the Acts and subordinate statutes to the Korean bank (A);

1. Relevant Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); the choice of fines for criminal facts; and the choice of fines, respectively.

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

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;