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(영문) 인천지방법원 2015.07.09 2015고정1889
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity of users and the details of such transaction.

On November 2014, the Defendant was offered a proposal to allow the Defendant to provide side services if he sent a knife card from a person with no name.

Since the defendant had already sent the passbook and cash card to get occupation in the same way as the above, and had experience of being returned such as the passbook, he thought that even if sending the passbook and cash card to the above person was not returned, he could not receive the return.

At around 11:00 on November 10, 2014, the Defendant transferred the means of access to electronic financial transactions, such as the physical card of the accounts of community credit cooperatives under the name of the Defendant (C) to the nominal partner through Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on data on transfer of money from damage and details of passbook transactions;

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 (1) 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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