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(영문) 대구지방법원 2017.08.25 2017고정1406
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer any electronic card, electronic information equivalent thereto, certificate, password, or any other access medium in electronic financial transactions.

Nevertheless, the Defendant, on April 2017, cannot be issued a monthly-level passbook because he/she was a bad credit holder, who sought work from the former employee D in the “C cafeteria” operated by the Defendant in Youngcheon-si B.

Upon receipt of a request to make a passbook to be used as a monthly-level passbook, a corporate bank account (E) opened a corporate bank account under the name of the defendant at a point in Youngcheon-gu, Incheon Metropolitan City, an Eup/Myeon, and transferred the passbook and cash card of the said corporate bank account to the above D at the above “C” restaurant, and transferred the password to the above D, and an access medium in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of the loan agreement, trust agreement, verification of the request for remittance, and the Acts and subordinate statutes governing the response to financial transaction data;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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