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(영문) 춘천지방법원 2017.04.27 2016고정577
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions to any third person.

Nevertheless, around April 27, 2015, the Defendant agreed to receive future payments from the “IBK Bank's Japanese branch of the IBK Bank's Japanese branch of the IBK Bank,” located in the Seo-gu, Seo-gu, Busan, Seoyang-gu, Seoyang-gu, Busan, and transferred the passbook (Account Number C) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to the details of the financial transaction in the principal, the current status of the financial transaction in the IBK Bank, and the details of transactions in the IBK Bank Host Bank;

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. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the confession and reflects by the defendant, and that there is no actual economic benefit, the harm caused by the violation of the Electronic Financial Transactions Act due to the transfer of the passbook is serious, and the equity in punishment with other persons who have committed the same kind of crime similar to the same, etc., the amount of fine determined by the summary Order cannot be deemed to be excessive, and thus, the punishment as set forth in the summary

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