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(영문) 서울남부지방법원 2015.07.20 2015고정1236

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant, around November 2014, transferred the means of access, such as the passbook and cash card in the company bank account (B) in the name of the Defendant, in return for allowing the use of the name in distress and passbook at the 149-30 know-gu, Gangnam-gu, Seoul to the end of November, 2014, by using Kwikset service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of search, seizure and verification warrants;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;