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(영문) 수원지방법원 2017.06.22 2017고단2397
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 one shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, the Defendant, at a mutual infinite real estate office located in the Cheongdo of China on October 2013, 2013, tried to dry Cooperatives C, D Account’s deposit passbook, physical card, and account password in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A criminal investigation report (attached to an application for transaction of Nonghyup Deposit);

1. Report on internal investigation (the result, etc. of seizure of the fourth seized account);

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the access media transferred by the Defendant for the reason of sentencing is used as an illegal gambling site’s money laundering and money exchange account, etc. In light of the unfavorable circumstances, the Defendant’s mistake is against the Defendant, the Defendant is primary offender, and the Defendant has no profit acquired in return for transfer, etc., taking into account the favorable circumstances, and determining the punishment as ordered by taking into account the following factors: the Defendant’s age, sexual behavior, environment, the number of access media transferred by the Defendant, the background of the crime, and the circumstances after the crime.

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