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(영문) 서울북부지방법원 2014.11.14 2014고정2353

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall issue a transaction request in electronic financial transactions or transfer any means of access, such as a cash card and its password, which are the means or information used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, around April 2014, the Defendant transferred 80,000 won per unit to Kwikset Service Articles who sent the above-mentioned names to Kwikset Service Articles with a proposal that “I would lend a physical card to one if I want to do so” from the person who was not in charge of the name, one physical card, which is the means of access in the name of the Defendant’s national bank account (Account Number C), and one password was assigned to the person who was not in charge of the name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Response to a request for financial transaction information;

1. Application of Acts and subordinate statutes concerning the results of transfer management;

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