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(영문) 수원지방법원 2018.08.10 2018고단2607
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any access medium, such as cash cards, which is an electronic card, used to issue instructions for transactions or to secure the authenticity and accuracy of users and the details of transactions, unless otherwise expressly provided for in other Acts and subordinate statutes.

Nevertheless, on January 2017, the Defendant made a business registration certificate of the trade name “C” from B, opened an account by using it, and then transferred the passbook, etc. of the account, the Defendant would make a price of KRW 1,00,000 per month.

Upon receipt of the proposal of “A”, at the E Bank Head Office located in Suwon-si, Suwon-si, on February 28, 2017, the account (F) opened in the name of the Defendant, and B established the password, and the passbook and the OTP card connected to the said account were issued to B.

Accordingly, the defendant transferred the access media used in electronic financial transactions to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect B of the police; and

1. A copy of bankbook or business registration certificate in C;

1. Details of the withdrawal of GH account from the E Bank C Business Account F account (I);

1. Application of the F Transaction Details in the E Bank C Business Account (I) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions in which punishment is chosen, the selection of fines (such as confession, reflectivity, family environment, health conditions, and the absence of any record of punishment for the same crime);

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;

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