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(영문) 대구지방법원 서부지원 2015.12.09 2015고정950
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or acquire a password, user number registered with a financial institution or an electronic financial transaction institution, etc. necessary for the use of a cash card or cash card, which is a means of access to electronic financial transactions, or establish a pledge thereon.

Nevertheless, around August 5, 2014, the Defendant, in front of the new bank Kimcheon-dong Kimcheon-si Kimcheon-si, set up a corporation that is Co., Ltd. (B), issued at the new bank Kimcheon-si Kimcheon-si (including a password) a passbook and a physical card (including a password) in the above name C account issued at the new bank Kimcheon-gun Kimcheon-si.

The Defendant transferred the account number, check card, etc. of the electronic financial transaction means of access to the said account and check card, etc. from that date to August 12, 2014, as shown in the list of crimes in the attached Table, the Defendant transferred the passbook and check card to the above bearers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written statement of D and E;

1. Investigation report (verification of the place of telephone communications and account opening with victim D);

1. A specification of transactions and a certificate of confirmation;

1. Application of statutes, such as details of transactions;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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