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(영문) 서울중앙지방법원 2015.05.19 2015고정434
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 800,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. No defendant A may transfer or acquire the means of access for electronic financial transactions;

Nevertheless, around 16:00 on July 3, 2014, the Defendant issued Kwikset Service to a person under whose name the Defendant was named, without securing a refund of the passbook and one check card under the name of the Defendant in front of the Seo-gu branch office, Seo-gu, Seo-gu, Daejeon (Account Number: D).

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

2. No defendant B may transfer or acquire the means of access for electronic financial transactions;

Nevertheless, at around 12:00 on July 7, 2014, the Defendant did not secure a refund of the passbook and one cash card in the post office account (Account Number:F) in the name of the Defendant in Yongsan-gu, Young-gu, Busan-gu, U.S. and issued Kwikset Service to a person with no name.

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

Summary of Evidence

1. Defendants’ legal statement

1. Each police suspect interrogation protocol concerning G and B;

1. The police statement of H;

1. Application of Acts and subordinate statutes on response to financial transaction information;

1. Relevant Article 49(4)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) and Article 6(3)1 of the same Act (amended by Act No. 13069, Jan. 20, 2015)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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