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(영문) 수원지방법원 안산지원 2013.07.26 2012고정2445
전자금융거래법위반
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or acquire any means of access, such as an electronic card used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction and a password necessary for using such card.

Nevertheless, the Defendant, on May 24, 201, opened a new bank account under the name of a stock company B in the name of a new bank located in Gyeonggi Suwon-si, which is the Defendant as the Defendant’s agent, after receiving KRW 40,000 from the person who was unaware of the name, and issued the passbook and cash card to the person who was unaware of the name, notified the password.

As a result, the Defendant transferred the cash card and the password necessary for using the cash card, which is the means of access to electronic financial transactions, to a person who has no name.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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