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(영문) 대전지방법원 2018.05.24 2018고정178
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or acquire an electronic identification card which is an access medium for electronic financial transactions and a password necessary for the use thereof, or a user number, etc. registered with a financial institution or an electronic financial institution or establish a pledge.

On August 16, 2017, the Defendant transferred to E one passbook, one physical card, and a password necessary to use the above physical card, connected to the bank account (Account Number D) opened in the name of a limited company No. 103 of the Seo-gu building B, Seo-gu, Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and written petition (F, G, H, I);

1. The application of Acts and subordinate statutes to each seizure warrant reply and respective internal investigation reports;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act is the first offender, in light of the background and result of the instant crime committed by the Defendant with knowledge that he would be used as a passbook via the gambling site, it does not appear to be too excessive even if considering the sentencing conditions favorable to the Defendant as shown in the instant trial, even if considering the sentencing conditions favorable to the Defendant, it does not appear that the amount of the fine specified in the summary order is too excessive.

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