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(영문) 청주지방법원 2014.10.23 2014고정542
전자금융거래법위반
Text

Defendant

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

Defendant

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

Reasons

Punishment of the crime

[Defendant A] No person may transfer or acquire an electronic form card, user number, password, etc. registered with a financial company, which is a means of electronic financial transactions.

Nevertheless, around April 21, 2014, Defendant A transferred each passbook and e-mail card of the post office account and the e-mail account under his name to a person with poor names through Kwikset Service. On April 201, 2014, Defendant A transferred the passbook and e-mail card of the accounts of community credit cooperatives in his name to the above person with poor names in the above manner.

Summary of Evidence

1. Defendant A’s legal statement

1. Personal details of provision of financial information (No. 9 No. 1)

1. Application of the F details of transactions and the victim FKakao Stockholm statutes;

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 each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. No person who is not guilty of the charge under Article 334 (1) of the Criminal Procedure Act [Defendant B] shall transfer or acquire an electronic card which is an electronic financial transaction means, a user number or password registered with a financial company, etc.;

Nevertheless, on April 2014, Defendant B transferred the passbook and physical card of one bank account opened in his own name to the name-oriented party through Kwikset Service.

Judgment

Defendant

B The date and time indicated in this part of the facts charged, and the fact that Kwikset service marks the passbook and the physical card in one’s name to his name, but it can be recognized by the evidence duly examined by this Court.

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