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(영문) 서울북부지방법원 2016.04.06 2016고정415
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, around November 18, 2015, the Defendant agreed to give KRW 1,50,000 per 1,50,000 per unit when transferring the physical card and password from a person who is unable to know his/her name in the vicinity of the trade convenience store located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu. On May 11, 2012, the Defendant issued the physical card and password of the Saemaul Bank Account (Account Number B) opened in the Dongdaemun-gu Saemaul Bank (Skwikset Bank) to a person who is not aware of the above name as Kwikset Service and transferred the electronic financial transaction access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s petition;

1. Investigation reports (execution of a warrant of search, seizure, and verification applicable to a financial account);

1. Application of Acts and subordinate statutes to a written confirmation of the results of electronic financial transfer and a detailed statement of deposit transactions;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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 concerning the order of provisional payment;

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