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(영문) 울산지방법원 2015.06.25 2015고정726

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity of users and the details of such transaction.

On November 13, 2014, the Defendant was proposed to lend money to the Defendant when sending a passbook from a person with no personal knowledge.

The Defendant had previously sent the passbook and cash card in order to obtain a loan by such a way as above, and had experience in getting the loan and being returned to the passbook, etc., so the Defendant thought that even if sending the passbook and cash card to the above-mentioned person, it may not be returned.

Nevertheless, on November 13, 2014, the Defendant transferred the means of access to electronic financial transactions, such as the physical card in the name of the Defendant at the office of the Defendant, which is located in the name of Sukkset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement 1 made by the police officer with regard to C and report on internal investigation (verification of opening an account);

1. Data on replies;

1. Application of statutes to inquiries about criminal records, etc.;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act that choose a sentence, and fines;

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;