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(영문) 부산지방법원 2016.11.29 2016고정1398
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 passbook, cash card, etc. which is the means of access necessary for electronic financial transactions or set up a pledge.

Nevertheless, around June 10, 2015, the defendant received a proposal from a hospital located in Geumcheon-gu, Busan, to use a passbook of KRW 1.5 million from a person who has no name, and consented to it, and then delivered the passbook and check card in the name of the defendant to a person who has no name, through Kwikset's service, and the password was notified to the person who has no name.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as CCTV withdrawal photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (3) 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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