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(영문) 서울남부지방법원 2014.11.07 2014고정3129
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

Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the details of the transaction, and a password necessary to use such card shall be transferred to any third party.

Nevertheless, the Defendant did not confirm the specific personal information, office location, etc. of the under-paid persons, and without determining the specific time, place, and method of receiving the cash card from the under-paid persons, and received the fee of KRW 100,000 per week from the under-paid persons. On May 14, 2014, the Defendant transferred the means of access to the cash card linked to the under-paid bank account to the under-paid persons through Kwikset Service in the vicinity of the under-dong Incheon Bupyeong-gu 539.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of details of transactions and Acts and subordinate statutes governing account transfer;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) 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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