beta
(영문) 수원지방법원 2016.11.30 2016고단5988

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On November 2015, the Defendant received 300,000 won from the deceased and wounded, and transferred the passbook, OTP, Internet banking ID and passwords, and the authorized certificate passwords connected to the National Bank Account (C) under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report (including investigation circumstances, attachment of a warrant of search, seizure, and verification, and attachment of criminal suspect account transactions);

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition by the assent of all participating Justices, in light of the following: (a) the Defendant could not have known the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order could have been used for the crime of Bophishing; and (b) the Defendant received 300,000 won in return