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(영문) 서울서부지방법원 2016.03.31 2015고단2579
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using and managing any access medium used in electronic financial transactions, except as otherwise expressly provided for in any other Act.

Nevertheless, around June 2015, the Defendant issued one passbook (C) and one physical card under the name of the Defendant in the vicinity of the entrance near the subway line 10th subway station in Gangnam-gu, Seoul Samsung-dong, to a person whose name is not known through Kwikset Co., Ltd. and notified the password of the above physical card.

As a result, the Defendant transferred the passwords necessary for using the e-mail cards and e-mail cards, which are media access to electronic financial transactions, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. A detailed statement of transactions in a passbook and an application for opening a passbook;

1. Application of the photographic Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the account linked to the singishing crime was used in relation to the singishing crime committed against the Defendant’s name in light of the circumstances unfavorable to the Defendant, or the Defendant’s confession, and there is no criminal history against the Defendant, and the Defendant’s age, sexual conduct, developments and motive leading to the instant crime, and circumstances before and after the instant crime, etc., and the amount of the fine was determined as indicated in the order.

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