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(영문) 대구지방법원 서부지원 2017.04.13 2017고단34
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

No person shall transfer or acquire any access medium for electronic financial transactions.

Nevertheless, on August 20, 2016, the Defendant, at the “C” office, who works as an employee in the Seo-gu, Daegu-gu Office, called “C” office, sent to the effect that the Defendant “it is a home shopping employee in this country, which requires an account to reduce taxes,” by telephone from the person in an infinite name, and received a communication from the Defendant to the effect that the Defendant would offer a check card, and would offer a user fee of KRW 3 million in the month when the Defendant notified the password, etc.

On the 23th day of the same month, the Defendant sent a physical card linked to the Defendant’s national bank D account in the name of the Defendant via Kwikset Service, and sent a medium of access for electronic financial transactions to the name in a way that informs the name-oriented person of the password through telephone.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports and card copies;

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. The sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment shall be determined by taking into account the following factors: (a) there is no criminal record against the Defendant; and (b) there is no economic benefit acquired by the instant case.

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