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(영문) 대구지방법원 2015.11.10 2015고단4327
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No one shall transfer any means of access in using and managing any electronic financial transaction, unless otherwise specifically provided for in any other Act.

Around October 4, 2010, the Defendant is a person with bad credit standing. A monthly savings passbook is required. Upon receiving a request to the effect that the Defendant’s name is changed, the Defendant accepted it without any consideration, and thereafter, the Defendant opened an account at a national bank and a single bank in the name of the Defendant.

1. On October 7, 2010, around 11:00, the Defendant transferred the passbook connected to the account of the National BankF in the name of the Defendant, and cash cards, passwords, and security cards, which are means of access, to the said C before the E bath in Daegu Suwon-gu.

2. On May 6, 2011, the Defendant transferred a passbook linked to the national bank G account in the name of the Defendant, cash card, password, and security card, which are means of access, to the said C, at an unspecified area around 18:00.

3. On July 18, 2012, the Defendant transferred a passbook connected to the H account of the National Bank in the name of the Defendant, cash card, password, and security card, which are means of access, to the said C.

4. On October 21, 2014, around 16:00, the Defendant transferred the passbook linked to the account in the name of the Defendant, cash cards, passwords, and OTP cards to the said C, which are the means of access, to the K account in the name of the Defendant, and the cash cards, passwords, and the means of access.

Accordingly, the Defendant transferred the means of access for electronic financial transactions four times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on internal investigation (Evidence 3], a copy of identification card, an application for opening an account, a detailed statement of account transaction, each investigation report (number 8,10), C Crime List, and a detailed statement of account transaction (number 11, 12, 13)

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act concerning criminal facts (Amended by Act No. 13069, Jan. 20, 2015)

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

1. Selection of each alternative fine for punishment;

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