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(영문) 서울북부지방법원 2016.03.09 2016고정153

전자금융거래법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or take over cash cards or passbooks with his/her belt (a password necessary for the use of a cash card, a user number registered with a financial institution or an electronic financial institution) or establish a pledge right, or lease or take over such access media in return for consideration, or arrange the lending or taking over such lending, or arranging the lending, etc. thereof.

On July 30, 2015, the Defendant transferred the physical card and password, which is a medium access to electronic financial transactions, to a person who is not aware of the name of the Defendant at the Dong branch of one bank (Account Number: D) at the location of one bank, at the location of one bank B, via C.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage and a written E;

1. Application of Acts and subordinate statutes to the certificate of transfer transaction, the application for opening of an account (32 pages of investigation records), details of transaction, and the certificate of deposit of C office-type C periodical cargo (64 pages of investigation records);

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;