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(영문) 대구지방법원 2014.12.12 2014고정2479
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall transfer or acquire a means of access necessary for electronic financial transactions nor set a pledge thereon, except as otherwise provided for in any other Act.

Nevertheless, when the defendant transferred a physical card and password from a person in non-name, he/she was proposed to offer KRW 5 million per account when he/she received a proposal to transfer the physical card and password from a person in need of name, and around July 25, 2014, he/she issued one bank account opened and kept in front of the defendant's office located in Seo-gu Daejeon-gu, Daejeon and delivered a means of access through Kwikset Service and notified the above person of the password number by telephone.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. A list of transactions of automatic receipt and withdrawal of cash;

1. A detailed statement of investigation report (with regard to attachment of a detailed statement on transactions of automation machinery), and a statement of transactions of automation machinery;

1. Responses to requests for details of financial transactions;

1. Application of the Acts and subordinate statutes on a copy of one bank passbook and a copy of a new bank passbook;

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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