(영문) 창원지방법원 통영지원 2017.06.15 2017고단131

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 통영지원 2017.06.15 2017고단131

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

Except as otherwise expressly provided for in any other Act, no electronic card used to issue instructions for transactions or to secure the authenticity and accuracy of the details of transactions with users and information on electronic financial transactions shall be transferred to any third party, such as a password necessary for the use of such card and information.

Nevertheless, the Defendant did not confirm the specific personal information, office location, etc. of the person in distress, and without determining the specific time, place, and method for returning the physical card, received KRW 2 million from him. On May 16, 2016, around 14:00, the Defendant transferred Kwikset-based access media using Kwikset-based service to the name in the name of the deceased through Kwikset-based community account (Account Number (Account Number (B).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the details of petition, transfer statement, and financial information;

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 act of transferring electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for crime, and the account actually linked to the access media that the Defendant transferred was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it seems that the defendant has no profit from this case.

In addition, the defendant is sentenced to criminal punishment once due to driving of drinking, and there is no other record of criminal punishment.

In addition, the age, sex, environment, and motive and background of the crime of the defendant.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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