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(영문) 서울남부지방법원 2014.04.08 2014고정490

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall transfer or take over, or set up a pledge on, a password necessary for the use of a cash card or cash card which is a medium access to electronic financial transactions, a user number, etc. registered in a financial institution or an electronic financial institution.

Nevertheless, around July 2013, the Defendant heard the opinion that 6-70,000 won should be given a day on the Internet and attempted to transfer the passbook.

On July 26, 2013, the Defendant transferred the passbook, cash card, and password, which is a medium access to electronic financial transactions, to the said Nonghyup Bank, cash card, and password, at the agricultural parking lot located in the new Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Incheon, via a non-face delivery source, to a person who is unable to know his name.

Summary of Evidence

1. Defendant's legal statement;

1. Data on details of transactions in a foreign exchange bank passbook;

1. Application of the reply statute

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is the primary offender and reflectiveness, the age, character and conduct, circumstances, etc. of the defendant