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Reasons
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(영문) 서울중앙지방법원 2016.12.14 2016고단5922 (1)
전자금융거래법위반
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. On April 1, 2014, the Defendant issued the means of access used for electronic financial transactions to the name-in-fact party who accompanied the means of access, such as passbook, card, password, etc. connected to the (M) bank account under the name of the Defendant at the location of the office of the foreign exchange bank located in Gangnam-gu, Gangnam-gu, Seoul, at the request of L, the husband of the Defendant, who is the husband of the said branch.

2. On April 1, 2014, the Defendant issued the means of access used for electronic financial transactions to the name partner who accompanied the means of access, such as a passbook, card, password, etc. connected to the (O) bank account established at the seat of the office of Gangnam-gu Seoul, Gangnam-gu Office branch of a new bank with the said L at the demand of the said L, and transferred the means of access to the means of electronic financial transactions.

3. On April 2, 2014, the Defendant issued the means of access to the means of access, such as passbook, card, password, etc. connected to the account in the name of Han Bank (P, Q, R, S), which was established at the Samsung Dong branch of the Han Bank Samsung Group in Gangnam-gu Seoul, Gangnam-gu, 619 at the request of the said L, and transferred the means of access used for electronic financial transactions by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Specified financial transaction information;

1. Application of the Act and subordinate statutes to warrant reply materials (including CD attachment);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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