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(영문) 부산지방법원 2013.06.27 2013고정2358

전자금융거래법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall issue a transaction request in electronic financial transactions or transfer any means of access which is the means or information used to secure the authenticity and accuracy of users and the details of such transaction.

1. On October 20, 2012, the Defendant: (a) around the front side of the D pharmacy located in Busan Island, the Defendant: (b) received KRW 180,00 from the person under whose name the Defendant posted a letter of intent to purchase the passbook on the Internet NAV website; and (c) transferred one passbook, a cash card, and a password, etc., to the contact employee who sent the above bearers, to the Defendant’s new bank account (E) using the means of access in the Defendant’s name.

2. On October 29, 2012, the Defendant: (a) at the Defendant’s house located in F of Busan, posted a letter to purchase a passbook on the Internet NAV website; (b) transferred one passbook, the means of access to the Agricultural Bank Deposit Account (G), one cash card, and a password, to the Nonparty, through Kwikset service.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. An investigation report (attached a detailed statement of payments to records);

1. The reply letter and the bank data reply letter;

1. Application of bank remittance confirmation statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;