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(영문) 서울남부지방법원 2015.03.23 2015고정198
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 20,000 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, on May 2014, the Defendant transferred the cash card that is linked to the account in his name-based name-based care securities to Kwikseter through Kwikset Service in front of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, without confirming the specific personal information, office location, etc. of the winners, and without determining the specific time, place, and method of return of the cash card.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes of the detailed statement of transactions of automatic deposit and withdrawal;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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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