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(영문) 서울서부지방법원 2016.05.31 2016고단633
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or take over any access medium or arrange the transfer of such medium in using and managing access medium used in electronic financial transactions.

1. On December 30, 2015, around 11:40 on December 30, 2015, Defendant A issued a head of the physical card linked to the new bank account (F) under the name of the Defendant on condition that he received KRW 4.8 million per month, to a person whose name is unknown through Kwikset’s service, and informed him of the password of the above physical card.

Accordingly, the defendant transferred the password necessary to use the e-mail card and e-mail card, which is a medium access to electronic financial transactions.

2. On December 29, 2015, Defendant B issued a letter of physical card linked to the new bank account (H) opened in his/her name on the condition that he/she received KRW 50,000 per day or KRW 2 million per month in front of Mapo-gu Seoul, Mapo-gu, Seoul, and notified Kwikset of the password of the above physical card.

Accordingly, the defendant transferred the password necessary to use the e-mail card and e-mail card, which is a medium access to electronic financial transactions.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to I by the police;

1. Reporting on internal investigation (Attachment of a withdrawal form of damage);

1. A written petition;

1. Application of statutes, such as a remittance statement and a copy of an application for opening an account;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the Defendants’ choice of punishment for criminal facts: Selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act was to make it difficult for the Defendants to eradicate singing crimes; and (b) the bank account, etc. actually transferred by the Defendants to commit the criminal act is to make it difficult for them to eradicate singing crimes.

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