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(영문) 서울남부지방법원 2014.11.03 2014고정3027
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and other persons shall be transferred to any other person with a means of access, such as a identification card and password necessary to use such information.

Nevertheless, around 12:00 on May 9, 2014, the Defendant received 600,000 won from a person who was unaware of his name, and around 12:0 on May 9, 2014, through Kwikset service, assigned the means of access to one’s name-oriented bank and the account of Kwikset in his name-based community credit cooperatives and two cash cards.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written petition;

1. Application of replies to Acts and subordinate statutes, including investigation reports (Submission of relevant data of victims) and financial transaction data;

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

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