beta
(영문) 수원지방법원 2019.10.10 2019고단2925

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 person shall transfer a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, on March 13, 2019, the Defendant received a text message stating that “If a liquor company forwards a physical card for the purpose of evading taxes, it will use it for three days and pay KRW 3,000,000 in return.” On March 13, 2019, the Defendant received the said proposal. On March 13, 2019, the Defendant sent one check card connected to the Defendant’s bank account under the name of the Defendant at Kwikset service article through Kwikset service article, and transferred the means of access to notify the names of the victims of the above physical card number by telephone.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authenticity and written statements;

1. A certificate of the results of electronic financial transfer;

1. Application of the new Acts and subordinate statutes on financial transaction information;

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

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;