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(영문) 인천지방법원 2015.01.30 2014고정4315
전자금융거래법위반
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or acquire a bank passbook, a e-mail card, or a password necessary for the use of a e-mail card, which is a medium access to electronic financial transactions, or establish a pledge.

Nevertheless, the Defendant:

1. Around November 2013, the account opened in the name of the Defendant (Account Number: “G” in the bill of indictment B), which appears to be a clerical error (see, e.g., Supreme Court Decision 200,000 won; 2.0,000 won and 40,000 won and 40,000 won and 40,000 won are delivered to a person who cannot know the name of the passbook and e.g., the passbook in the vicinity of the Yeonsu-gu Incheon Metropolitan City;

2. At the beginning of the same month, the company bank opened a bank account in the name of C (Account Number: D’s indictment); however, it appears to be a clerical error (see, e.g., 4°8, 41 of investigation records) and issued a passbook and e-mail card; and issued the passbook and e-mail card to a person whose name is unknown at the PC in front of the PC located in the prior schooldong on the following day, and issued the above passbook and e-mail card in return for receiving KRW 400,000 to a person whose name is unknown.

Accordingly, the Defendant transferred the means of electronic financial transactions to others for consideration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on damage to the F;

1. Data on the details of transfer, the Agricultural Association, and the replies of the enterprise banks;

1. Application of statutes, such as family relation certificate;

1. Relevant provisions of the Act on Criminal facts and the choice of punishment, respectively, Articles 46 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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