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(영문) 대구지방법원 포항지원 2015.10.08 2015고단718
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access, such as an electronic card used to issue a transaction request or to secure the authenticity and accuracy of the transaction with users and information equivalent thereto, to any third person, except as otherwise expressly provided for in any other Act.

Nevertheless, the Defendant, by telephone from a person whose name is unknown at a time when the date of May 2015 is unknown, intended to borrow three million won from a person whose name is unknown, to receive money from the account used by the party by means of withdrawing the money into the account. If the Defendant deposits money from the account used by the party, he would receive the money by means of withdrawing the money from the account. He would send the check card for withdrawal of interest to the Kwikset Service’s article, and the password is known to the person whose name is unknown, and to transfer the check card to the person whose name is unknown.

On May 18, 2015, the Defendant: (a) caused B, a Dongin, to open a name account (C) at the Busan-gu Busan-gu Busan-do District Bank Determination Branch; and (b) notified B of the account password to a person whose name is not known by telephone around the 19th day of the following month; (c) around the 20th day of the same month, the Defendant had Kwikseter’s Social Education Center of Busan-gu, Busan-do, Busan-do, and received a physical card connected to the above account from Kwikseter’s Social Education Center of the Social Education Center.

Accordingly, the Defendant transferred the means of electronic financial transactions to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The reply to requests for the provision of financial transaction information and the application of statutes of the customer information inquiry attached thereto;

1. Relevant laws concerning criminal facts, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The instant crime is committed.

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