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(영문) 서울중앙지방법원 2013.05.24 2012고정6408
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one may transfer or acquire any means of access necessary for electronic financial transactions, except as otherwise provided for in any other Act.

Nevertheless, on July 9, 2012, the Defendant: (a) sent a passbook, cash card, security card, and password to a police officer on the Internet; and (b) sent a phone call to a person whose name is unknown at that time; and (c) promised to receive KRW 500,000 per head of the Tong by calling a phone to a person who was unable to know his/her name at that time; (d) the Defendant sent a passbook (Account Number B), cash card, and one security card, respectively, to a person whose name is unknown through an article of Kwikkset Service, along with the password, and received KRW 50,000 as a consideration.

Accordingly, the Defendant transferred the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to details of transactions;

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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