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(영문) 서울북부지방법원 2014.05.13 2014고정844
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts and subordinate statutes, the means of access used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction shall not be transferred.

Nevertheless, around September 11, 2013, the Defendant placed the passbook, physical card, and password of the new bank account (D) with the means of access under the name of the Defendant in front of the Dongdaemun-gu Seoul Metropolitan Government “C” (hereinafter referred to as “C”), on the street, to Kwiksetman who sent name-based winners.

Accordingly, the Defendant transferred the means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the F Statements;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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