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(영문) 서울동부지방법원 2013.11.13 2013고정1071
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Unless otherwise expressly provided for in any other Act, no electronic card or other electronic information equivalent thereto used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction and any means of access necessary to use such card shall be transferred.

On November 15, 2012, the Defendant opened one passbook under the name of the Defendant at the location of the apartment zone of the Hana Bank in Seongdong-gu, Seoul on November 15, 2012, one (Account Number: D), and on November 16, 2012, at the location of the Hana Bank under the name of the Defendant at the location of the Seoul Gwangjin-gu, Seoul Special Metropolitan City-dong 227-2, one (Account Number: E) of the new bank at the location of the Hana Bank under the name of the Defendant at the location of the Seoul Special Metropolitan City-dong 227-2. On November 16, 2012, the Defendant informed on November 16, 2012, 19:0-21:00, between Gwangjin-gu and Gwangjin-gu, Seoul, of the means of access, the Defendant transferred the above two passbooks and the physical card and two (2) passwords of the means of access to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning G;

1. Application of each statute of H, I, J, K, L and M;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for 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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