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(영문) 서울서부지방법원 2016.04.12 2015고단3221
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or take over any access medium or arrange the transfer of such medium in using and managing access medium used in electronic financial transactions.

Nevertheless, around October 21, 2015, the Defendant issued a copy of the physical card connected to an enterprise bank account (C) in the name of the Defendant on condition that he received 200,000 won per day from the Insular High School located in Seodaemun-gu Seoul around 65, Seoul around October 21, 2015, to a person whose name is unknown through Kwikset Services, and notified the above physical card password.

As a result, the Defendant transferred the passwords necessary for using the e-mail cards and e-mail cards, which are media access to electronic financial transactions, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Inquiry into details of transactions;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Unfavorable circumstances: The fact that this crime may result in the use of another criminal act, such as painting, etc., causing a high risk, and that the defendant has a record of the same kind of crime;

1. favorable circumstances: The fact that the defendant recognizes the crime and reflects it, that the crime is committed once, that there is no pecuniary benefit that the defendant has acquired from the crime, and that the defendant voluntarily applies for the suspension of payment to an account on the following day to prevent additional damage;

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