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(영문) 서울북부지방법원 2014.11.05 2014고정2231
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall issue a transaction request in electronic financial transactions or transfer any means of access, such as a cash card and its password, which are the means or information used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, at around 15:30 on May 19, 2014, the Defendant sent to the Kwikset service article with a proposal that “The Defendant grants 1.8 million won per opening a passbook, 2.6 million won per page 3.6 million won per opening a passbook,” from a person who has no personal name, and sent the name to the article of Kwikset Service, each of the means of access under the name of the Defendant’s bank account (Account Number B), company bank account (Account Number C), cash card, and password, which are the means of access under the name of the Defendant.

Accordingly, the Defendant transferred the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to inquiries about deposit certificates and customer account details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

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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