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(영문) 부산지방법원 동부지원 2015.05.07 2014고정1457
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any means or information used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction in using and managing such means or information, unless otherwise provided for in other Acts.

On July 5, 2013, at around 12:30, the Defendant promised to pay a fee when creating a large passbook from B in writing in Busan Jin-gu, Busan, and he opened two copies of the national bank passbook (Account Number D) passbook in the name of the Kin-gu, the representative of B.

At that time, the defendant, in the name of the corporate bank resolution committee (Account Number E), two copies of the passbook (Account Number E), ③ the corporate bank account number F), ④ the corporate bank account book (Account Number G), ⑤ the corporate bank account number account book (Account Number G), ⑤ the Busan Bank account Book (Account Number H), and 6 the Busan Bank Account Number (Account Number I) Cash Card.

Accordingly, the Defendant transferred the means of access without justifiable grounds.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of each copy of the suspect examination protocol prepared by the police as to B and J;

1. Entry of a certified copy of the seizure record prepared by the police;

1. Entry (including attached documents) of a certified copy of the investigation report (detailed list of seizure) prepared by the police;

1. Application of each of the Acts and subordinate statutes in which a certified copy of customer's basic information inquiry (Evidence No. 120), a certified copy of the notice of status of financial transactions (Evidence No. 121), a certified copy of each entry fee (Evidence No. 129, 130), a certified copy of each customer's basic information inquiry (Evidence No. 142, 143 pages);

1. Relevant legal provisions concerning facts constituting an offense and the choice of punishment under Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act (in the case of concurrent crimes with punishment as provided for in Article 50(1)1 of the Criminal Act) shall apply 1.

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