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(영문) 창원지방법원 통영지원 2013.06.19 2013고정189
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

In order to make a transaction request in electronic financial transactions or to secure the accuracy of users and transaction details, no person may transfer or take over means of access, such as an electronic card or password, which is used to secure the authenticity of the transaction details, the defendant received a proposal from the needy party that he/she will offer 100,000 won per day of the loan from two accounts or more linked passbooks and cash cards to them, and then, he/she sent the above account by telephone when he/she receives a proposal that he/she will offer 10,000 won per account; hereinafter referred to as "non-high speed shuttle bus terminal in Kimhae-si, Kim Jong-si; hereinafter referred to as "non-high speed shuttle-si bus driver") who is unaware of the fact in his/her name; 1 cash card and one cash card linked to the account in his/her name in his/her name; and 1 cash card connected to the account in his/her name; and 1 cash card was notified of the password of the above account by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the statutes on response data from Gyeongnam Bank;

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

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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