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(영문) 서울중앙지방법원 2013.07.25 2013고단2834

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 cash card or a password necessary for the use of a cash card, or any user number, etc. registered with a financial institution or an electronic financial institution, or establish a pledge right, which is the means of electronic financial transactions.

Nevertheless, on August 17, 2011, the Defendant was asked to offer “200,000 won to transfer the passbook” from a person who was unaware of his/her name in front of the mutual convenience store in Ansan-si, Ansan-si, and opened a passbook (Account Number: C) under the name of the Defendant. On August 17, 2011, the Defendant transferred the above passbook and the e-mail card, which is the means of access to electronic financial transactions, through Kwikset service articles, and received KRW 20,000 in return.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a detailed statement of deposit (D) and details of account transactions (the bank account at the maturity of the Gyeyang-up Mutual Savings Bank);

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.