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(영문) 서울남부지방법원 2015.03.20 2015고정283
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and other persons shall be transferred to any other person with a means of access, such as a identification card and password necessary to use such information.

Nevertheless, the Defendant did not verify the specific personal information, office location, etc. of the under-paid persons, and received 50,000 won per day from the under-paid persons without specifying the specific time, place, and method of return of the cash card. On August 29, 2014, in front of the post office located in Yangcheon-gu Seoul, Yangcheon-gu Seoul Metropolitan Government, Kwikwikset Service assigned the cash card linked to the bank account in his/her name to the under-paid persons through Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of 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;

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