beta
(영문) 수원지방법원 2017.06.16 2017고단1806

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No access medium registered in an electronic financial transaction shall be transferred or taken over to any third person at a financial institution which is used to issue a transaction instruction or to secure the authenticity and accuracy of users and the transaction details.

On September 22, 2016, the Defendant received KRW 300,000 from a person who was in the name of the Defendant, and used cargo riding at the Suwon bus terminal, which is located in the inciting the right line in Suwon City, to send a physical card, password, and password connected to the road account (C) under the name of the Defendant, and intended to send it to the person who was in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of Acts and subordinate statutes on response data in terms of deposit transactions, and Korean standards;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

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 ( even if the suspension of indictment was imposed on the same case, such circumstance alone cannot be deemed as unlawful) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 201) is against Defendant’s first offense for sentencing.