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(영문) 서울북부지방법원 2017.06.14 2017고정701
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or acquire a password, user number, etc. registered in a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, from June 2016 to July 1, 2016, the Defendant would pay the price when sending the check card connected to the bank account from the person who was not named by telephone.

“The proposal received and consented to it, and then transferred the physical card associated with the Defendant’s name bank account (Account Number B) in a place where it is unknown at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of deposits into victims;

1. Details of transactions of deposits and withdrawals;

1. Application of Acts and subordinate statutes to each investigation report (Attachment, such as text of receipt of the loss of a card, attachment of materials for preventing damage, details of reports on the loss of a suspect's check card, details of accounts of national bank, etc.);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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