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(영문) 수원지방법원 안산지원 2015.05.15 2014고정1890
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Criminal facts

No person shall transfer or acquire any means of access, such as an electronic card 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 and a password necessary for using such card.

Nevertheless, on August 2012, the Defendant opened a post office account (C) in the name of the Defendant in order to transfer to a deceased person who is a branch of a friendship B, at the post office located in the Seocho-gu, Gyeongdong-gu, Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun, and issued the passbook, cash card, and password to the deceased person through Kwikset Service Articles.

As a result, the Defendant transferred the cash card and the password necessary for using the cash card, which is the means of access to electronic financial transactions, to a person who has no name.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of reply statutes to requests for the provision of financial transaction information;

1. Relevant Article 49 (4) 1, and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine (including the confession and reflection of the accused, and the absence of previous or previous conviction);

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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