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(영문) 서울남부지방법원 2014.07.24 2014고단1556
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Unless otherwise specifically provided for in other Acts, the defendant may not transfer to another person the means of access, such as an electronic card used to issue a transaction request or to secure the authenticity and accuracy of the contents of the transaction, and a password necessary to use information on the card. However, the defendant is entitled to receive compensation for the transfer of the passbook under the name of the juristic person, and the defendant was entitled to open a passbook under the name of the juristic person by registering the juristic person under B, which is the representative of the defendant.

1. On January 24, 2013, the Defendant, who violated the Electronic Financial Transactions Act, received KRW 3 million from the person who was unaware of his name, transferred the passbook, cash card, and OPT that is linked to 13 accounts, such as passbooks, cash card, OPT, which are linked to the national bank account (C) in the name of the said corporation, to the person in the vicinity of the Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu (Skwikset) through Kwikset Service, around January 24, 2013.

2. On April 22, 2013, the Defendant, who violated the Electronic Financial Transactions Act, received KRW 800,000 from the person under whose name the account was named, transferred, around April 22, 2013, passbooks, cash cards and OPT connected to two accounts of foreign exchange bank accounts in the name of Kwikset Company B (D and E) via Kwikset service.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Response to a request for financial transaction information;

1. Application of Acts and subordinate statutes concerning the details of accounts in St Bank;

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

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

1. Of concurrent crimes, the crimes for which the sentencing is based under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall provide the means for other crimes.

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