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(영문) 인천지방법원 2014.05.28 2014고단2734
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

1. In using and managing the means of access on November 29, 2013, no person shall transfer or acquire the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, around November 29, 2013, the Defendant transferred the means of access by providing Kwikset with Kwikset service to the Defendant’s home located in Seongdong-gu Seoul, by delivering a passbook (Account Number: D), physical card, and password under the name of the Defendant.

2. In using and managing the means of access on or before December 7, 2013, no person shall transfer or acquire the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, around December 7, 2013, the Defendant transferred the means of access by delivering Kwikset Co., Ltd. passbook (Account Number: E), physical card, and password under the name of the Defendant using Kwikset Service to the Defendant’s home located in Seongdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Each statement of G, H, I, J, K, and L;

1. Each petition prepared by G, F, H, I, J, K, and L;

1. Application of each Internet sign output, remittance certificate, each text message, the details of the results of immediately transferring by each user, the certificate of electronic financial transfer, each transaction statement, each transaction statement, the principal financial transaction, and the certificate of confirmation of transfer Acts and subordinate statutes;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the selection 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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