(영문) 서울동부지방법원 2017.10.31 2017고정1162

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(영문) 서울동부지방법원 2017.10.31 2017고정1162

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the transaction details shall be transferred or taken over, except as otherwise expressly provided for in any other Act.

On December 24, 2014, the Defendant: (a) opened a passbook (C) and an OPT card, cash withdrawal card, etc. with the name of the Defendant at the new financial center located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) immediately after opening the deposit passbook in the name of the Defendant at the 616-gu, Gangnam-gu, Seoul; (c) the Defendant’s cleaning of the building was limited to the period for using the passbook, etc. in the name of the above Defendant to the male who is not aware of the name of the Defendant; and (d) the “E” whose name is unknown from May 29, 2015 to the same day.

B. By October 2, 198, the bank passbook, etc. in the name of the Defendant was used on the Internet website.

As such, the Defendant transferred an access medium to “E” whose name is unknown to “E” in electronic financial transactions or to ensure the authenticity and accuracy of the contents of the transaction with users and users.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of A-name bank account (C) transaction details to the Korean bank account (C);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, including not only harm to the trust and safety of financial transactions, but also allowing access media transferred due to the crime to be used for various criminal acts, and thus, the nature of the crime is not weak, there is no criminal history against the defendant, and the crime of this case was committed at the employer’s request, and thus, the punishment is determined as ordered in light of the sentencing conditions indicated in the trial of this case.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

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