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(영문) 청주지방법원 충주지원 2017.08.23 2017고정58
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of such transaction with users and other users.

On May 12, 2016, at around 10:00, the Defendant issued a paper or abnormal number of the post bank accounts in the name of the Defendant via Kwikset Service Articles (D) and the Saemaul Treasury Account (E) to the person in a name in a false name, and notified the name in a false name of each password of the above account via telephone.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to an investigation report (a post office and a Saemaul credit cooperative shall be accompanied);

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

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, transferred the cash card of the Saemaul Treasury account as indicated in the facts constituting the offense of this case to a third party on April 5, 2015, and thus repeatedly committed the offense of this case around May 12, 2015, which is one month after the date, even though the payment of the said account was suspended, a fine prescribed in the instant summary order is deemed appropriate, and thus, a punishment shall be determined as per the order.

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