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(영문) 부산지방법원 2017.04.26 2016고정4340

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or acquire a cash card which is a medium access to electronic financial transactions and a passbook with his/her belt (a password necessary for the use of a cash card, a user number registered with a financial institution or an electronic financial institution), etc.

Nevertheless, on September 7, 2016, the Defendant received a proposal from the office of Suwon-dong, Busan, 725, to grant a certain amount of money if he/she transfers electronic financial transaction access media from his/her name in the office of Suwon-dong, 33 Busan, the Defendant transferred the electronic financial transaction access media by delivering passbook (B), global postal card, andOTP to his/her name in the way of delivering them to his/her name-free persons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, D, E, and F;

1. Search and seizure inspection warrant and reply materials;

1. Application of Acts and subordinate statutes to suspect AKakao Stockholm data, such as evidential data, etc.;

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