beta
(영문) 대전지방법원 천안지원 2017.05.18 2016고단1813

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 with a financial institution or an electronic financial institution, or establish a pledge necessary for the use of a physical check card or physical check which is a medium access to electronic financial transactions.

On July 2016, the Defendant would be 2% of the daily revenue if he/she lent a passbook to a mobile game company’s return to the Defendant’s mobile game company.

“Around July 6, 2016, the Ministry of Health and Welfare sent a passbook and physical card connected to the account of the Defendant’s name to the account of the Nonghyup Bank (B) at the position of the post office located in Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and on 14-gilh from the position of the post office located in Seoan-gu, Seocheon-gu, Seocheon-gu, and transferred the passbook and physical card to the

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each statement of E, F, G, H, J, K, K, L, M, M, N, P, Q, R, S, T, V, V, X, Z, AA, and AB;

1. Application of Acts and subordinate statutes to a copy of a deposit without passbook, a certificate of deposit confirmation, a statement of cash deposit and withdrawal, a statement of transfer, a statement of transfer confirmation, a check of transfer details, a receipt, a statement of transfer transactions, a statement of deposit and withdrawal, and a written confirmation of transfer

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 the access medium for electronic financial transactions because it can be used as a means of other crimes. In reality, even in this case, the circumstances in which the access medium transferred by the defendant was used for the crime of fraud and many victims have occurred: recognition of the crime; recognition of the crime; the fact that there is no record of criminal punishment; and the fact that there is no record of criminal punishment, the defendant's age, sex behavior, environment, motive, means, and consequence; and the circumstances before and after the crime are considered as a whole.