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(영문) 대구지방법원 김천지원 2015.11.04 2015고단921
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 5, 2015, the Defendant, even though he/she was unable to transfer or take over the electronic card of electronic financial transactions, corresponding electronic information and password, etc., or to establish a pledge, he/she agreed to receive 1,500,000 won per month from an account in the fourth floor of the Gu-U.S. B building in the Gu-U.S. and transferred a physical card, etc., which is a means of access, to a person under the name of the Defendant using Kwikkset service, using Kwikset’s service.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the documents on internal investigation reports, and the copies of bankbook transactions;

1. Relevant legal provisions on criminal facts and Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (elective of fines: the act of transferring the means of access for electronic financial transactions, such as the instant crime, as well as impairing the safety and reliability of electronic financial transactions, and also under considerable criticism that the act of transferring the means of access for electronic financial transactions has a significant adverse impact on society, such as the use of so-called Bosing, singinging, etc. to multiple victims. However, the Defendant recognized the instant crime and divided his mistake; the Defendant did not have any profit from the actual acquisition of the instant crime; the Defendant was the first offender who has no criminal history of any criminal punishment until the instant crime; the Defendant’s age, character and conduct, environment, etc.

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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