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(영문) 서울중앙지방법원 2015.02.05 2015고정94

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in Acts and subordinate statutes, no one shall transfer any means of access necessary for electronic financial transactions to any third party.

Nevertheless, around April 10, 2014, the defendant proposed that "A person who has purchased a passbook, who intends to transfer the passbook, shall pay 300,000 won per opening, who shall receive and deliver it at the intermediate opening," and D accepted this on the same day, and on the 11th day of the same month, I bank passbook (Account Number E) and the e-mail card and password that are linked thereto in the above e-mail bank (Account Number F) and the e-mail card and password in the above e-mail bank, and on the 11th of the same month, I amnese to the defendant. The defendant sent each passbook, e-mail card and password in the above e-mail of the name of D on the 11st of the same month to Kwikset, and received 600,000 won in return, and received 60,000 won in return to D.

Accordingly, the Defendant conspired with D to transfer the means of access necessary for electronic financial transactions to others.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. The police statement concerning G;

1. Application of trade-related Acts and subordinate statutes;

1. Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act and Article 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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;