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(영문) 창원지방법원 통영지원 2016.02.15 2015고정638
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

Except as otherwise expressly provided for in any other Act, no electronic card used to issue instructions for transactions or to secure the authenticity and accuracy of the details of transactions with users and information on electronic financial transactions shall be transferred to any third party, such as a password necessary for the use of such card and information.

However, on January 23, 2015, the Defendant did not confirm the specific personal information, location of the office, etc. of the influences, and without determining the specific time, place, and method of return of the cash card, and transferred Kwikset’s cash card linked to his name-based company bank account (Account Number: C) to the influences through Kwikset’s service in front of the influence subway Station located in Seocheon-dong, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report (the point at which an account is opened, the results of electronic financial transfer, the results of search and seizure warrant execution);

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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