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(영문) 울산지방법원 2015.05.28 2015고정268
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person, if he/she is issued a passbook or cash, debit card or a password necessary for the use thereof, which is a means of access used in electronic financial transactions, shall transfer or take over such passbook to another person, unless any other special provision exists to the contrary.

On December 2, 2013, the Defendant was offered a proposal to offer KRW 200-3 million when sending a passbook and cash card from an unqualified person with no name in the name of the deceased on the date.

Since the Defendant had already forwarded the passbook and cash card to obtain a loan in the same way, and had experience in not receiving the loan and having failed to receive the loan, the Defendant thought that the account holder could not receive the refund even after sending the passbook and cash card to the account holder. However, on December 2, 2013, the Defendant transferred the means of access of electronic financial transactions to the account holder through Kwikset service.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on internal investigation (verification of points for opening an account and transfer of the account);

1. Data on the credit of banks;

1. Application of Acts and subordinate statutes on transfer;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Optional fine;

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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