logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.08.10 2018고단513
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

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 password necessary for the use of an electronic card or an electronic card, which is a medium access to electronic financial transactions, or a user number, etc. registered with a financial institution or an electronic financial institution, or establish a pledge.

Nevertheless, on November 1, 2017, the Defendant received and transferred 100,000,000,000 won in cash to the bearer account, such as a passbook, physical card, password, OTP, and OTP, connected to the bank account (D) in the name of the Defendant in the name of the bank account in the name of the bank account (G) in the name of the head of the Mapo-gu in the name of the city of M&A and the bank in the name of the head of the Si/Gun/Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and data submitted by H and I;

1. The application of relevant Acts and subordinate statutes of J, K, L, M, N,O, and P of each petition and related data;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, respectively, Article 49 (4) 1 and Article 6 (3) 1 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of transferring or lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only detrimental to the credibility of the safety performance of electronic financial transactions, but also is also a means to facilitate other crimes. The Defendant is not less weak to commit a crime, such as transferring an access medium connected to an account in the name of a corporation established by himself/herself and up to the registration of a business operator; the access medium in the holding that he/she provided for a considerable amount of consideration has been actually used for the crime; on the other hand, the Defendant led to the confession of and reflect against the instant crime; the Defendant has no criminal history of the same kind of crime; and other circumstances revealed in the records and theories of the instant case.

arrow