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(영문) 서울동부지방법원 2015.11.13 2015고정1716
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. No person who is accused of a transaction request in electronic financial transactions or transfers or acquires any means of access used to secure the authenticity and accuracy of users and the details of such transaction;

Nevertheless, on September 201 to October 10, 2014, the Defendant issued a proposal to pay KRW 1 million to a person who is unable to know the name of the head of the bank at the entrance of the Taepung-dong, Seongbuk-gu, Incheon Metropolitan City, with a deposit passbook (C), cash card, security card, and password under the name of the Defendant.

Accordingly, the Defendant transferred the means of access.

2. No person who is accused B shall issue a transaction request in electronic financial transactions or transfer or take over the means of access used to secure the authenticity and accuracy of users and the details of such transaction;

Nevertheless, on August 13, 2014, the Defendant issued a proposal to pay KRW 1,00,000 to the Defendant’s bank deposit passbook (D), cash card, security card, and password from a person whose name is unknown, upon the receipt of a proposal from a person whose name is not known to him/her to deliver a passbook, withdrawal card, security card, etc.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendants’ respective legal statements

1. Data on finance:

1. A criminal investigation report (attached to details of transactions in accounts in a new bank account of a suspect);

1. Application of Acts and subordinate statutes to investigation reports (sports earth operators E, F Judgment final and conclusive);

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 for the ordinary concurrences;

1. Selection of each alternative fine for 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, each of the provisional payment orders;

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