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(영문) 부산지방법원 동부지원 2016.05.02 2015고정1435
전자금융거래법위반
Text

Defendant shall be punished by a fine of five 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 a passbook, cash card, or a password necessary for the use thereof, or a user number, etc. registered in a financial institution or an electronic financial institution, or establish a pledge on such passbook, which is an access medium for electronic financial transactions.

Nevertheless, around July 2014, the Defendant transferred the passbook, cash card, password, etc. of the Saemaul Treasury Account (C) in the name of the Defendant, which is a medium of electronic financial transaction access through Kwikset in front of Busan Shipping Daegu apartment, which is one of his dwelling, to a person who misrepresented the lending broker.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the nominal owner A, such as a statement of transactions;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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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