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(영문) 창원지방법원 2016.08.31 2016고정593
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2016] Except as otherwise expressly provided for in any other Act, no person shall issue a transaction instruction in electronic financial transactions or transfer any access medium used to secure the authenticity and accuracy of users and transaction details to another person.

Nevertheless, around 10:00 on March 21, 2015, the Defendant transferred Kwikset service, through Kwikset who sent the name in front of the building B in Gangseo-gu Seoul Metropolitan Government, a national bank passbook in the name of C, and a e-mail card to the name in the form of a real-time access medium.

[2016] No person shall issue a transaction instruction in electronic financial transactions unless otherwise specifically provided for in any other Act, nor transfer any access medium used to secure the authenticity and accuracy of users and transaction details to another person.

Nevertheless, on October 23, 2014, the Defendant received cash of KRW 400,000 from the bank located in the south-dong, Changwon-si, and transferred the passbook and e-mail card to the name-dissatise of the Defendant’s name-dissatise-si.

[2016] No person shall transfer or take over any access medium unless otherwise specifically provided for in any other Act in ordering transactions in electronic financial transactions or using or managing any access medium to ensure the authenticity and accuracy of users and the details of transactions.

Nevertheless, on December 1, 2014, the Defendant transferred the access media by way of reporting the writing written by a person who is not his/her name, and transmitting the passbook and the physical card to his/her name, via Kwikset’s service, to the person who is not his/her own name, to pay 1.50,000 won per day on the Internet in front of the PC room located in Gangseo-gu Seoul Metropolitan Government Makset-dong.

Summary of Evidence

[2016 High 593]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A letter of commission (C), letter of response (C), and report on internal investigation (specific information about a suspect A) / [2016 high 594].

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