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(영문) 부산지방법원 2016.01.21 2015고정3621
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer 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 in using and managing such access medium.

Nevertheless, on December 22, 2014, the Defendant transferred the access media by using a physical card (Account Number D) connected to the Saemaul Treasury account opened by the Defendant in his/her own name on December 22, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on the copy of passbook and customer personal information;

1. Relevant laws and the former Electronic Financial Transactions Act (amended by Act No. 12837, Oct. 15, 2014) regarding criminal facts and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 12837, Oct. 15, 2014)

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's assertion that "The defendant will lend his/her check card to his/her name in the form of five million won per month on the face of a week."

“The” refused to hear horses, but again, asserts that “the physical card with which the party is concerned should be checked as to whether it is a available card” is not a transfer of an access medium, since it was sent after hearing horses and sending a card.

2. Determination is subject to the punishment of transferring or taking over an access medium in violation of Article 6(3)1 of the former Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”). However, in cases where an access medium, such as passbook, check card, and password, is delivered, if it is not only to delegate the temporary use of the access medium, it constitutes a “transfer” of the access medium as referred to in Article 6(3)1 of the Act.

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