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(영문) 인천지방법원 2013.09.10 2013고정2486
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 person shall transfer or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card, which is the means of access to an electronic financial transaction.

Nevertheless, the Defendant: 2013 High Court Order 2486

1. Around February 21, 2012, after being aware of it, LAC opened an agricultural bank account (Account Number D) in the name of C at the Nong Cancer branch, and acquires the means of access by being issued by C with a physical card connected to the account with the passbook at that location;

2. On February 23, 2012, the business bank account (Account Number E) is opened in the name of the business bank’s Bupyeong branch at C, and the means of access is taken over upon receipt of the check card linked to the account from C in that place;

3. From March 20, 2012 to F, the means of access was transferred by delivering a bank account (Account Number G) in the name of the Defendant to F, to the account in the name of the Defendant.

Nevertheless, the Defendant of 2013 High Court Decision 2487

1. Around March 2012, H acquires from H the passbook, cash card, password, etc., the means of access, which is a means of access to the Agricultural Cooperative Account (Account Number: I), from H, in the vicinity of the Seocheon River basin located in Seocheon-si, Seoul Livestock Industry;

2. Around March 17, 2012, around 2012, the passbook and password, which are the means of access under the name of the defendant, were transferred to a person whose name cannot be known, at the new forest basin located in Guro-gu Seoul Metropolitan Government, 460-26.

Summary of Evidence

"2013, 2486"

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding C;

1. Each police officer's statement of K, L, M, and N;

1. Details of transactions in a passbook (10-3 pages of investigation records), subscriber's personal information, etc. (10-3 pages of investigation records), application for a warrant of search, seizure and verification (10-6 pages of financial account application and investigation records).

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