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(영문) 광주지방법원 목포지원 2013.05.09 2013고정180

전자금융거래법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, on the Internet site “Nber” knowledge page, was posted with the word “influence of passbook”, and had expressed the above word “influence of passbook,” and had expressed the money to transfer the means of electronic financial transactions to a person with no name.

On March 2, 2010, the Defendant issued the passbook, cash card, password, etc. of one bank account (B) in the name of the Defendant to a person who is not in the name, at the Dong-gu Seoul bus terminal located in Gwangjin-gu Seoul Special Metropolitan City, and issued the passbook, cash card, and password, etc. in the name of the Defendant using the same method on April 7, 2010.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions to each other.

Summary of Evidence

The police suspect interrogation protocol against the defendant, application of each account transaction statute

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act (Mutually, April 7, 2010) of the same Act.

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

6. Article 334 (1) of the Criminal Procedure Act.