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(영문) 인천지방법원 2016.05.26 2016고정925
전자금융거래법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No access medium, such as an electronic card or information equivalent thereto, which is used to issue instructions for transactions in electronic financial transactions in violation of the Electronic Financial Transactions Act or to secure the authenticity and accuracy of users and the details of transactions shall be transferred or taken over, except as otherwise expressly provided for in any other Act;

Nevertheless, on August 30, 2015, the Defendant would make a loan to a bus terminal located in the Young-gu Incheon Metropolitan Government, Nam-gu.

The physical card and password of the new bank account in the name of the defendant was transferred to the person in question.

Accordingly, the defendant transferred an electronic card and other access media to another person.

2. On August 31, 2015, the Defendant embezzled the amount of KRW 380,00,000 deposited by the victim C with the amount of fraudulent damage to the new bank account in the name of the Defendant as stated in paragraph (1) of the same Article, and the amount of KRW 510,000 deposited by D, which was deposited by the Defendant, and deposited at KRW 890,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to internal investigation reports (the details of transactions and the response note made by the Kakao Stockholm subscribers), and to internal investigation reports (to attach photographs after capturingCCTVs);

1. Relevant legal provisions concerning criminal facts, Article 49(4)1, Article 6(3)1 (a) of the Act on Electronic Financial Transactions (a point of transfer of access media), Article 355(1) of the Criminal Act (a point of embezzlement) and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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