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(영문) 대전지방법원 2017.01.12 2016고정1390
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

[2016 High 1390] On June 19, 2015, the Defendant issued Kwikset a physical card and password in the name of the Defendant to the above-mentioned person via Kwikset Service, with the condition that the Defendant would receive KRW 80,000 won per day from the person in the name in the name of the Defendant at a high-speed bus terminal, which was 54,000 won in a measure for Sejong Si-si in Seoul Special Metropolitan City.

As a result, the Defendant promised to pay for, lent access media used in electronic financial transactions.

[2016 High 1391] No person shall transfer or take over the cash card, which is a medium access to electronic financial transactions, and a passbook with his/her belt, a password necessary for the use of the cash card, or a user number registered with a financial institution or an electronic financial institution.

Nevertheless, at around 13:00 on February 10, 2015, the Defendant transferred one cash card related to the Defendant’s agricultural bank account under the name of the Defendant through Kwikset service at the front side of Kwikset apartment in the Won-si, Seocheon-gu, Seocheon-si.

Summary of Evidence

[2016 High Court Decision 1390]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Domestic investigation report (as to attachment of a copy of a certificate of deposit verification by a financial institution), (as to attachment of a certificate of deposit verification by a financial institution);

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Article 49 (4) 2 of the relevant Act and Article 49 (4) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, as well as Article 6 (3) 2 of the same Act (a lease of an access medium), Article 49 (4) 1 of the Electronic Financial Transactions Act and Article 6 (3) 1 of the same Act (a transfer of an access medium);

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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