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(영문) 서울남부지방법원 2015.06.01 2015고정1038
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and other persons shall be transferred to any other person with a means of access, such as a identification card and password necessary to use such information.

1. Nevertheless, the Defendant, on November 2014, issued each passbook and cash card connected to the Defendant’s name bank account (B) and the foreign exchange bank account (Account No. 1,50,000 won per head of the Tong by linking him/her with Kakao Stockholm. On November 24, 2014, the Defendant issued each passbook and cash card connected to the Defendant’s name bank account (Account No. 1) and the foreign exchange bank account (Account No. 1,50,000 won per head of the Tong digital group) to the Kwikset service provider who sent the above non-indicted’s name from the opening route No. 4 of the Guro digital group located in Guro-gu, Guro-gu, Seoul. 124, 2014.

2. On November 24, 2014, at around 14:00, the Defendant continued to issue Kwikset Service Articles who sent the above-mentioned names to one bank account in the name of the Defendant and a cash card connected to one bank account in the name of the Defendant. On November 24, 2014, the Defendant sent the password of the cash card to the above-mentioned persons by telephone.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions to each other.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Answers to the execution of a warrant of search, seizure and verification and replies to the request for provision of communications data;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 12837, Oct. 15, 2014);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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