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(영문) 제주지방법원 2015.01.29 2014고정1126
전자금융거래법위반
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall transfer any means of access, such as an electronic card, which is used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions without justifiable grounds.

Nevertheless, on April 2014, the Defendant received 2,400,000 won per account from the Buddhist Kwikset Service Articles by way of delivering personal information to the Buddhist Kwikset Service Articles, and transferred the means of access to the post office account (B) account in the name of the Defendant and the check card, and notified the Defendant of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

1. Relevant legal provisions concerning criminal facts: Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: The punishment is determined as per the order considering all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The favorable circumstances are that the defendant recognizes a crime and reflects the fact that there is no record of punishment for the same kind of crime: The defendant was used for the crime of Boscing 5.8 million won by actual deception; the defendant was sentenced to a suspended sentence of 3 years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Special Rape) in 1997; and several other records are sentenced to a suspended sentence of 3 years for a period of 2013; and the defendant was punished for embezzlement, etc. for a period of 2013: The defendant's age

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