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(영문) 전주지방법원 2016.04.15 2016고단90
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

Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium for electronic financial transactions, such as a password necessary for the use of a cash card or a cash card, a user number registered with a financial institution or an electronic financial institution, in using and managing access medium.

Nevertheless, on August 20, 2015, the Defendant received a proposal from a nameless person to the effect that “C” in front of the “C” in Kim Jong-si, Kim Jong-si, to the effect that it is necessary to use the account for sports discussions, and that he would give KRW 3 million per month when allowing the use of the account.” As such, the Defendant sent the nameless person, such as the physical check card, password, etc. of the former North Korean bank D bank account in the name of the Defendant through Kwikkset service.

Accordingly, the Defendant transferred the electronic financial transaction access media to a name-free person as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E’s written petition;

1. Application of Acts and subordinate statutes to check details of deposits, certificates of deposit confirmation, and details of transactions;

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13929, Jan. 27, 2016) regarding criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Under Article 334(1) of the Criminal Procedure Act, transfer of the electronic financial transaction access medium to a third party due to unfavorable reasons for sentencing of Article 334(1) of the Criminal Procedure Act may cause damage to many and unspecified persons as it can be used for fraudulent crimes, such as licensing, etc., and the account of the access medium that the Defendant lent was actually used for fraud.

The favorable circumstances include the fact that the defendant recognizes his mistake and reflects his mistake, and that the defendant has no record of being punished for the same kind of crime.

The above circumstances and the defendant's identity.

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