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(영문) 인천지방법원 2014.09.11 2014고단4557
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No one may arrange the transfer or acquisition of a means of access in using and managing the means of access.

On July 2013, when the defendant was aware of the person who will transfer the passbook from the person who was known through the Internet to the person who will transfer the passbook, the defendant suggested that "I will create the passbook and give money to him/her. I will make the passbook and apply for the Internet banking. I will also send the Internet banking application, security card, and password." And I suggested that "I will send the above defendant's horse to F who was known to the person who will transfer the passbook during the same month while sending the above defendant's horse to the person who will transfer the passbook, and I would like to suggest that I will open the account and transfer the security card and password.

On July 23, 2013, F, upon receipt of the proposal of E, opened an account at the Dong branch of the National Bank Operation of Gyeyang-gu Incheon, and around the 25th day of the same month, opened the account at the Cheongcheon-dong branch located in Bupyeong-gu Incheon, Seocheon-gu, Incheon, and used the Kamera function in the mobile phone, and sent it to E mobile phone and notify the password.

Since then E shall be the same month.

7. At the lower court’s lower court, the Defendant sent the instant pictures from F on the cell phone of D, which the Defendant informed, to the Defendant, and transferred the password to the means of access, and the Defendant received KRW 90,000 from D in return.

Accordingly, the Defendant assisted the transfer and acquisition of the means of access between F, E and D.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspects of F and E by the prosecution;

1. Application of the Acts and subordinate statutes on replies;

1. Article 49(4)4 and Article 6(3)4 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the selection of fines.

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