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(영문) 수원지방법원 안산지원 2016.12.08 2016고단3524

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When 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 used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on May 25, 2016, the Defendant: (a) called “to provide KRW 50,000 per day if the passbook is leased”; and (b) called out to the contact address as indicated in the above advertisement; and (c) promised the Defendant’s “to pay money if the Defendant sent the check to the bank account (D) around the 26th day of the same month to the Defendant’s name,” and (d) sent one check card connected to the Defendant’s name to the bank account (D) via Kwikset service in the vicinity of the Pwikset-si, B of the same month.

Accordingly, the Defendant transferred the means of electronic financial transactions to others.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes concerning transfer transaction confirmation;

1. Relevant statutory provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act regarding the choice of punishment, and the choice of a fine (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2, 2007).

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;