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(영문) 창원지방법원 통영지원 2016.06.13 2016고정151
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no electronic card used to issue instructions for transactions or to secure the authenticity and accuracy of the details of transactions with users and information on electronic financial transactions shall be transferred to any third party, such as a password necessary for the use of such card and information.

However, on November 26, 2015, the Defendant did not confirm the specific personal information, location of office, etc. of the influences, and without determining the specific time, place, and method of return of the cash card, at C points near the B Station located in Gangnam-gu Seoul Metropolitan Government, transferred Kwikset’s own name bank account (Account Number: D) and the cash card linked to the new bank account (Account Number: E) to the influences through Kwikset’s service.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A petition, inquiry about details of liquidity transactions, written confirmation of transfer transactions, and written provision of financial transaction information;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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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