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(영문) 서울남부지방법원 2018.05.30 2018고단408

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 or take over any access medium in using and managing any access medium of electronic financial transactions, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 21, 2017, the Defendant sent the physical card linked to the new bank account (B) account in the name of the Defendant to the non-victim of the name, and sent the password of the said account to the Kakao Stockholm, from around 15:42, Gangnam-gu Seoul, Seocho-gu, Seoul, about 95-gil 41, to the Seocho-gu Seoul Metropolitan Government.

It transferred the access media under the Electronic Financial Transactions Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transfer details and Kakao Stockholm transmission details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions and Transactions for the Establishment of Relevant Acts and subordinate statutes concerning criminal facts, the selection of a fine [the defendant was unaware of whether his/her act was in violation of the Electronic Financial Transactions Act]

Even if this falls under a simple site of law, it does not constitute a mistake of law under Article 16 of the Criminal Code.

Therefore, it does not affect the establishment of convictions.

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;