logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.03.15 2015고정1603
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity of users and the transaction details.

On April 2014, the Defendant was proposed to lend money to the Defendant when sending a passbook or cash card from a person with no name in his/her name.

The Defendant had previously sent the passbook and cash card to obtain a loan by means of such a prior lending, and had experience in not receiving a loan and receiving a return of the passbook, etc., so it may be impossible to receive the refund even if he sent the passbook and cash card to the above person without the name of the Defendant.

I think.

Nevertheless, on April 2014, in the middle of Gangseo-gu Seoul Metropolitan City, the national bank account (B), the account number of the defendant in the name of the defendant was unknown, and the one bank account access media such as the passbook, cash card, etc. was transferred to the name-oriented person through Kwikset Service.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against C;

1. Each written entrustment;

1. Application of the written confirmation of the results of transfer (C) and the Acts and subordinate statutes on financial transaction data;

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

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

arrow