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(영문) 수원지방법원 안산지원 2014.04.16 2013고정2267

전자금융거래법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

No person shall transfer or acquire a means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction, or establish a pledge thereon.

On November 2016, 2013, the Defendant transferred the passbook and check card, which is the means of access, to Kwikset Service, on the condition that the head of the C Team operating a master shopping mall, which was known through mobile phone text messages, received KRW 70,00 per head of the Tong.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the authenticity and written statement of E;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a case where the defendant received money from the defendant and transferred it to the person under whose name the defendant committed the crime of this case and to the person under whose name the defendant committed the crime of this case. In light of the unfavorable circumstances such as the occurrence of considerable damage due to the criminal act of this case by the person under whose name the defendant committed the crime of this case after the crime of this case, the defendant recognized and reflects the crime of this case, and the amount of money received by transferring the passbook and the check card is relatively low, and the punishment of this case shall be determined as ordered in consideration of favorable circumstances such as having no criminal power, and