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(영문) 대구지방법원 2017.07.07 2017고정1025
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions.

Nevertheless, on December 2, 2016, the Defendant sent a physical card to a police officer without the name of the first police officer, sent it to the call of KRW 4.2 million per account. In addition, the Defendant sent the physical card connected to the Defendant’s name bank account (D) to the Defendant’s name and transferred the password to Kwikset through Kwikset’s service, and transferred the password to the access medium in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transfer and the indication of passbook;

1. Application of CCTV response statutes;

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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