logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2017.09.28 2017고정103
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

No person of 2017 shall transfer or acquire any access medium in using or managing an electronic financial access medium.

Nevertheless, on November 2014, the Defendant received a telephone from a person without his name in the name of the deceased, “I have a passbook and a physical card necessary to inquire about the lending limit,” and transferred a physical card linked to one bank account (Account Number B) in the name of the Defendant to the person without the name of the deceased in the digital single area in Guro-gu Seoul Metropolitan City, Guro-gu, Dong-gu, Dong-gu, Seoul.

Accordingly, the defendant transferred the passbook and the check card, which is an access medium.

Except as otherwise expressly provided for in any other Act, no person of 2017 shall transfer or acquire any access medium to any third party in using or managing the access medium.

Nevertheless, on November 2014, the Defendant received a request from a person who assumes a false name as a lending business entity to the effect that “to obtain a loan,” and consented thereto. Around November 2014, the Defendant issued one copy of the passbook and the e-mail card, each of which was linked to the company bank account (C) in the vicinity of the digital short-term area, Guro-gu Seoul Metropolitan Government, Guro-ro, 477, and then delivered one copy of the passbook and the e-mail card to the person who was not in the name.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of reply data and detailed statement of transfer Acts and subordinate statutes;

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

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;

arrow