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(영문) 서울남부지방법원 2017.10.20 2017고단3578
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire any electronic card or similar electronic information of electronic financial transactions, and a password, etc. necessary to use such information.

Nevertheless, when the defendant entered a resident registration number, account number, password, etc. from the account in the name of the defendant without a card or passbook to the account in the name of the defendant, he/she was proposed to offer KRW 200,000 per day when he/she informed the information on the account opened in a non-media medium that enables cash withdrawal, and on May 2017, he/she notified the account number and password of the national bank account (Account Number: B) in the name of the defendant by telephone at a place where it is impossible to know the place of the first

Accordingly, the defendant assigned a password necessary to use an electronic card, which is a medium access to electronic financial transactions, to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. C, D, E, F, G, H, I, J, K, L, M,O, P, Q, R and S respective statements;

1. Application of statutes on the inquiry of customer information and details of entry and departure transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions in the relevant Act concerning criminal facts (to take into account the details of the crime, the degree of awareness of illegality, the records of the crime, the age of the defendant, and other conditions of sentencing);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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