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(영문) 서울서부지방법원 2014.09.17 2014고정1482
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one may transfer or acquire a means of access, such as an electronic card or similar electronic information, and a password necessary for using the card, etc., to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details, even though the defendant, at around December 26, 2013, received KRW 100,000 from Jongno-gu Seoul B building 603 to 100,000,000, and the passbook, cash card, and password of one bank account under the name of the defendant (C) from the person in default of his/her name.

Accordingly, the Defendant transferred the passbook, cash card, and password, which are means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Copies of the details of transaction transfer;

1. Application of the Acts and subordinate statutes on replies;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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