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(영문) 서울중앙지방법원 2012.12.27 2012고정5973
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall transfer or take over any means of access, except as otherwise expressly provided for in any other Act, in making a transaction request in electronic financial transactions or using or managing any means of access, such as an electronic card used to secure the authenticity and accuracy of users and transaction details and other electronic information equivalent thereto, no one shall transfer or take over any such means of access as the means of electronic financial transactions, or set up any pledge on any cash card or passbook with his/her belt (a password necessary for the use of a cash card and a user number registered with a financial institution or an electronic financial institution), lend or take over such means of access in return for compensation, or arrange such act.

On February 21, 2012, the Defendant opened an account (Account Number B) under the name of the Defendant at the territory of the National Bank, etc. branch of Yeongdeungpo-gu Seoul Metropolitan Government National Bank, Yeongdeungpo-gu, 3, 4-11. On the same day, the Defendant received KRW 100,000 from a person whose name cannot be known at the flood station of the same day and transferred the check card, password, etc. of the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on investigation (related to an application for a warrant of search, seizure and inspection);

1. Copy of each passbook, a statement of transactions by account, and details of transactions by entry and withdrawal (82 pages of investigation records);

1. Application of each Act or subordinate statute to a copy of an application for new transactions (influence 76 pages), KBCheck Card (influence 78 pages of the same record);

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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

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