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(영문) 대전지방법원 천안지원 2017.10.26 2017고단2050

전자금융거래법위반

Text

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

Nevertheless, on May 2017, the Defendant is the head of the B Company C from a person who is infinite's name.

The head of the Tong shall lend 3 million won to him/her, and send him/her the passbook.

(C) receive proposals to that effect, and send a physical card connected to the Defendant’s name (D) account using Kwikset’s service sent by the unsatisf who received and sent the unsatisf at the front of the entrance and exit of the office in Seo-gu, Seocheon-gu, Seocheon-si on May 2017.

(v) was transferred.

Summary of Evidence

1. Statement by the defendant in court;

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

1. E statements;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of certificates of deposit transaction records) and investigation reports (Attachment of detailed statement of transaction);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: It is necessary to strictly punish the transfer of access media for electronic financial transactions can be used as a means of other crimes. In reality, even in this case, the circumstances in which the access media transferred by the defendant was used for the crime of fraud: The defendant's age, sex behavior, environment, motive, means and consequence of the crime; and the defendant's age, sex behavior, motive, means and consequence of the crime; and the circumstances before and after the crime are determined as ordered by the order, comprehensively taking account of the following factors.