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(영문) 서울남부지방법원 2016.04.08 2016고정246

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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on July 16, 2015, the Defendant received a proposal that “If sending a Tong and a e-mail card connected to it, the Defendant would pay 500,000 won per head of Tong.” On the same day, in front of the company B located in Gwangjin-gu Seoul Special Metropolitan City, Kwikset service article, through Kwikset service article in the name of the Defendant’s new bank account (D) and foreign exchange bank account (E) and two e-mail cards connected to each of them.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of relevant Acts and subordinate statutes, such as a certificate of trading details by member account;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for 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;