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(영문) 울산지방법원 2016.02.01 2015고정744
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

No person shall transfer or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution, which is necessary for the use of a cash (physical) card or cash (physical) card, which is a medium access to electronic financial transactions.

On July 2, 2014, around 15:00, the Defendant offered a proposal that he would create a securities account from a person with no name or a third party in front of the Hanyang apartment-dong, Songpa-gu National Bank, Songpa-gu, Seoul and would pay a certain amount of fees, and transferred the access media for electronic financial transactions, such as each card in the name of the Defendant Samsung Securities Account (B) and Dongyang Securities Account (C) through Kwikset Service.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account transactions;

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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