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(영문) 대구지방법원 2017.06.14 2017고정919
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall transfer any access medium, except as otherwise expressly provided for in any other Act, in using or managing any electronic card, electronic information equivalent thereto, certificate, password, or any other access medium in electronic financial transactions.

Nevertheless, the Defendant was aware of his knowledge.

From B, the amount of "one million won per account when the Internet advertisement is transferred to a universal account" shall be limited to one million won per account.

He heard the word "," and thought that the head of the Tong, cash card, and password connected to the account in the name of the deceased will be transferred to the person without the name of the deceased.

On May 29, 2012, the Defendant transferred a new bank account (Account Number: D), Nong Bank account (Account Number: E), Han Bank account (Account Number): and a passbook and cash card connected to the Han Bank account (Account Number:F) to the above B through Kwikwikset Service Articles, and sent the card to the name in favor of him/her through Kwikset Service Articles, and the password to notify him/her of the password in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence Nos. 3, 4, 6, 7, and 10) and investigation report (Evidence List Nos. 12, 13, 16, and 17);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act (excluding punishment) concerning the facts constituting an offense under the relevant Article of the Act;

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

1. Selection of an alternative fine for punishment;

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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