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(영문) 대전지방법원 천안지원 2019.03.21 2018고단2810

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, or set up a pledge on, a password necessary for the use of an electronic card or an electronic card which is the means of access of an electronic financial transaction, a user number registered with a financial institution or an electronic financial institution.

On June 17, 2017, the Defendant received and transferred the passbook, password, and the OTP card in cash to the person in whose name the account was opened by the Defendant in front of the president of the Korea Racing Association, the branch office of the Korea Racing Association in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon-si, in front of the race track.

Summary of Evidence

1. Defendant's legal statement;

1. Table of customer information inquiry (B of a stock company);

1. Details of transactions (investigative records 38-48 pages);

1. Application of Acts and subordinate statutes concerning specific information on financial transactions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there is no same criminal record of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, considering that even after the crime of this case was committed, the appellate court is proceeding to trial on the same crime