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(영문) 서울중앙지방법원 2014.03.14 2014고정108
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one may transfer or acquire a password necessary for using a cash card or cash card, which is the means of access to electronic financial transactions, or a user number registered with a financial institution or an electronic financial institution. However, on September 2013, the Defendant sent the passbook and a cash card, which is a means of electronic financial transactions, to the Defendant’s name in return for the payment of honorariums and cash, from his/her name defectist, and the Defendant sent a passbook and a check card to the Defendant’s account in his/her name and received KRW 500,000 in return. On September 25, 2013, the Defendant transferred the passbook and the check card, which is the means of access to the Defendant’s name, to the Agricultural Cooperative (C Account Number) prior to his/her name defectist, and notified the password of the account to the account in his/her name by telephone communications.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of a list of ordinary deposits;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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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