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(영문) 대전지방법원 2018.11.23 2018고정995
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall transfer a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of an electronic card or an electronic card, which is a medium access to electronic financial transactions.

Nevertheless, around January 26, 2018, B reported the Defendant’s notice to the effect that “I will give KRW 1,00,000 per week from the transfer of passbook,” at the Defendant’s residence located in the Seo-gu Daejeon Seo-gu Daejeon building D, Seo-gu, Daejeon: (a) sent the Defendant the passbook, check card, and OTP connected to the F account in his/her name (Account Number G); (b) sent the password to H, who is the book for solicitation of the head of the Tong, in writing; and (c) sent the access media, such as the above passbook, delivered by the Defendant to the said H.

Accordingly, the defendant and B transferred the access media in collusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Contents of conversation A and B;

1. Application of Acts and subordinate statutes on financial transactions and details thereof;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on the elective Financial Transactions and Trade, Article 6 (3) 1, Article 30 of the Criminal Act;

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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