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(영문) 수원지방법원 2013.04.10 2012고정1307
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On September 4, 2009, the Defendant was sentenced to six months of imprisonment with prison labor at the Changwon District Court for larceny, and the said judgment became final and conclusive on the 12th of the same month.

No person shall transfer a means of access for electronic financial transactions, unless otherwise provided for in any other Act.

1. [Attachment 2012 High Court 1307] The defendant from February 23, 2009 to the same year;

3. Until November 1, 200, the Plaintiff was aware of the fact that “it was sent KRW 200,000 to the account by making Internet banking by means of opening the Internet banking” from the PC bank.

Accordingly, the Defendant opened a total of seven accounts, such as the attached list of crimes, with a view to transferring an authorized certificate, a ID, password, and a security card of Internet banking, and transferred a personal identification card of Internet banking, which is a means of access, to a person who has no name, by opening a total of seven accounts, such as the attached list of crimes.

2. [Attachment 2012 High Court Decision 2772] On December 22, 2008, the Defendant transferred the means of access to each of the above accounts, such as one bank account under the name of the Defendant (Account Number: E), foreign exchange bank account (Account Number: F), enterprise bank account (Account Number: Account Number: G), Korean bank account (Account Number): H bank account (Account Number: Account Number:H), and community credit cooperative account (Account Number: Account Number: I) account, and passbook and password to the above account.

Summary of Evidence

[2012 High Court Decision 1307]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to J police officers;

1. Each reply to the fact-finding by the court;

1. Previous convictions in judgment: Case search and judgment (2012 High Court Decision 2772);

1. Defendant's legal statement;

1. The police statement of K;

1. Details of financial transactions (North Korean Saemaul Bank);

1. Each investigation report (attached to data);

1. Previous convictions: Case search and application of Acts and subordinate statutes;

1. Article 49(5)1 of the former Electronic Financial Transactions Act (amended by Act No. 9325 of Dec. 31, 2008) concerning criminal facts.

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