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(영문) 인천지방법원 2015.04.10 2015고정639
전자금융거래법위반
Text

1. Defendant A shall be punished by a fine of 2,00,000 won, and Defendant B shall be punished by a fine of 2,00,000 won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

No one may transfer any means of access, such as physical cards, necessary for electronic financial transactions, unless otherwise provided for in other Acts.

1. On August 20, 2014, Defendant A, despite the fact that Defendant A intended to offer a post office account (C) in the name of the Defendant at a post office located in the Gangseo-gu Busan Metropolitan City signaldong on the same day, and issued a physical check card, and issued Kwikset Service to the above in Busan Gangseo-gu, and sent a password necessary for the use of the card to the above person, on the same day.

2. Nevertheless, around August 19, 2014, Defendant B provided that, on the one hand, Defendant B would lend a passbook to the person who was unable to receive the name, Defendant B would give KRW 6 million per week to the person who was in possession of the passbook. Defendant B issued Kwikset Service to the person who was not in possession of the passbook, and notified the password necessary for the use of the card to the person who was in possession of the card, in front of the construction site in the old military G.

Accordingly, the Defendants transferred the passbook, e-mail card and the password necessary for the use of the card, which is a medium access to electronic financial transactions.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related H;

1. A details of transactions and trade (B);

1. Application of Acts and subordinate statutes on internal investigation reports (the designation of the place of transfer of A Postal Card);

1. Relevant provisions of the Act on Criminal facts and the choice of punishment, respectively, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;

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