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(영문) 인천지방법원 2014.09.26 2014고정2752
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

[2014 High Court Decision 2752]

1. Except as otherwise expressly provided for in any other Act, no access medium, such as an electronic card or information equivalent thereto, which is used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction shall be transferred or acquired;

Nevertheless, around July 2013, the Defendant transferred electronic means of access, such as a new bank (Account Number: C), agricultural bank (Account Number:C), passbook, password, and security card, under the name of the Defendant, to a person who has no personal information, pursuant to the recommendation to transfer the passbook, etc. before a company in the territory of the Nam-gu Incheon Metropolitan City, which is located in the territory of the State, and in the territory of the Nam-gu, Incheon.

[2014 fixed-term 2753] No person shall issue a transaction request in electronic financial transactions or transfer a means of access used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless,

2. On June 28, 2013, the Defendant transferred the means of access, in the vicinity of the Skwikset-dong, Nam-gu, Incheon, through Kwikset service article, through the Defendant’s new bank account (Account Number: C) electronic financial transaction means of access and the physical card to inform the Defendant of the password, under the condition that the Defendant would receive KRW 100,000 per week per passbook.

3. On July 3, 2013, the Defendant transferred the means of access in the vicinity of the Skwikset service article, subject to paragraph 2, via Kwikset service provider, via the Defendant’s agricultural bank account (Account Number: D) electronic financial transaction method and the check card, to a person in default of name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each petition of F and G;

1. A report on internal investigation (a detailed statement of transactions, etc.);

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