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(영문) 대구지방법원 안동지원 2015.05.22 2015고정98
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall transfer or acquire any means of access, such as an electronic card or a password necessary for electronic information equivalent thereto in electronic financial transactions.

Nevertheless, at around 12:30 on September 24, 2014, the Defendant received a telephone from a person whose name cannot be known in front of the member B of the Ansan-si, Ansan-si, and told that “if the card is a trading company and it is necessary to reduce or exempt taxes, the Defendant will offer KRW 6 million per month.”

On the same day, the Defendant, which was established on November 1, 2010 under his own name on the same day, reissued one cash card (number C) with the company bank's accounts at the limit of the same day, and delivered one cash card (number D) with the bank's accounts at the limit of the same day to a person whose name cannot be known through Kwikset Service Delivery Board.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of the application for bank transaction (one bank);

1. Application of Acts and subordinate statutes to a copy of a bank transaction statement;

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 an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment was that the means of access transferred by the defendant was used for another crime, but the defendant was determined by taking into account the fact that there was no previous criminal record before the instant case, the fact that the defendant shows attitude against the mistake, and other similar cases’ sentencing.

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