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(영문) 부산지방법원 2013.12.04 2013고정4904
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall transfer a means of access used to issue a transaction request in electronic financial transactions, such as an electronic card, certificate, and password, or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless,

1. Around February 5, 2013, the Defendant violated the Electronic Financial Transactions Act, around February 5, 2013, sent the means of access, such as a passbook and physical check card in the C coffee shop located in Busan-gu, Busan-do, to the Defendant, through Kwikset Service.

2. On April 5, 2013, around April 14, 2013, the Defendant in violation of the Electronic Financial Transactions Act sent the means of access, such as the passbook, physical card, and password in the name of the Defendant to the Busan Jin-gu E, Busan, by means of Kwikset Services.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of the Acts and subordinate statutes on the certificates of deposits without passbook, the details of deposits and withdrawal transactions, and reply materials on financial transactions;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of fines for criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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