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(영문) 대구지방법원 서부지원 2016.01.21 2015고단2063
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

On August 17, 2015, the Defendant heard the statement to the effect that he would lend a passbook to manage the company funds of a large enterprise from a person without his name, and transferred the passbook and physical card connected to the company bank account (C) in front of the residence of the Defendant to Kwikset service articles who sent the above name and the non-indicted to the company bank account (C) in the name of the Defendant, around August 17, 2015.

Accordingly, the Defendant transferred access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction contents to others.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. Application of the statutes notifying data on financial transaction status;

1. Relevant provisions of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts, the selection of a fine (the confession and the attitude of reflecting it), the selection of a fine, and the fact that the defendant has no record of criminal punishment, etc.);

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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