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(영문) 수원지방법원 안산지원 2016.12.21 2016고정1492
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or acquire any means of access used in electronic financial transactions, except as otherwise provided for in other Acts and subordinate statutes.

On June 10, 2016, the Defendant: (a) obtained a telephone from a person who assumes the “Saman Capital B” while taking advantage of a loan around June 10, 2016, and accepted it; (b) then, the Defendant sent a Madern Card to the Kwikseter’s company bank account (Account Number: E) and a new bank account (Account Number:F) connected to each of the Defendant’s bank accounts (Account Number); and (c) sent a password card to Kwikseter’s article who visited to receive physical cards, etc. on the street in front of the “D cafeteria” located in the Sinung City Building on June 15, 2016.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application for opening an account and application for details of transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for 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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