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(영문) 대전지방법원 2018.04.27 2016고정1085
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

Except as otherwise provided for in any other Act, no person shall transfer any access medium used in electronic financial transactions.

Nevertheless, on March 2016, the Defendant transferred the physical card (C) and the password connected to the national bank account (C) under the name of the Defendant to the person without the name.

Summary of Evidence

1. Entry of the defendant in part in the fourth public trial record;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police against D;

1. A statement of confirmation of the results of the transfer of electronic finance, customer information inquiry table, and A financial transaction statement;

1. Answers by each national bank and national card replies;

1. In the investigation report (the phone statement from the automobile operating staff E because the accused Party A entered into a vehicle contract) / [the Defendant shall make a report on the card with the name in which he/she was unable to cast his/her name in this court.]

In light of the above, the court below's decision that the defendant withdrawn KRW 700,000 from ATM machine to the effect that the defendant again returned the card (the fourth public trial record, the defendant's newspaper record, the page 3,6 pages), and "the third public trial record" (the third public trial record) was stated to the effect that only KRW 700,000 at the time was withdrawn from ATM machine to ATM machine for a year, and that the daily release limit was adjusted to KRW 700,000 (the National Bank Response of February 5, 2018). In light of the above, although the defendant again returned the access medium, it can be recognized that the defendant transferred the access medium and password so that he can withdraw the amount of money to the non-resident at the time although he/she could have withdrawn it from his/her name).

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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