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(영문) 창원지방법원 통영지원 2017.04.20 2017고단98
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no electronic card used to issue instructions for transactions or to secure the authenticity and accuracy of the details of transactions with users and information on electronic financial transactions shall be transferred to any third party, such as a password necessary for the use of such card and information.

Nevertheless, on November 29, 2016, the Defendant did not confirm the specific personal information, office location, etc. of the person without name, and without determining the specific time, place, and method for returning the physical card, received KRW 3 million from him. On November 29, 2016, the Defendant transferred Kwikset Card, which is linked to the bank account (Account Number: C) in his name, to the person without name, via Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each written petition (D, E, F);

1. Each statement (D, E, and F);

1. A report on internal investigation:

1. Application of statutes on financial transaction information, such as details of financial transactions, inquiries about the results of transfers, details of financial transactions;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of transferring electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for crime, and the account actually linked to the access media that the Defendant transferred was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it seems that the defendant has no profit from this case.

In addition, all of the sentencing conditions, such as the defendant's age, sex, and circumstances after the crime, shall be determined as per the order.

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