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(영문) 인천지방법원 2011.04.19 2010고정5459
전자서명법위반 등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was introduced from B, who was known to the general public, to “I will give KRW 150,00 won per opening of the passbook.”

On February 6, 2009, the defendant opened two bank accounts, such as account number D and account number E in the Kimpo-si Kimpo-si office in the account number D and Kimpo-si.

On the same day, the Defendant issued a passbook and an electronic cash withdrawal card to B prior to the said bank account, and issued an Internet banking application document, security card, account number, and Internet banking account (one name: Addi) and an Internet banking account, and received KRW 300,000 from C in return for the issuance of an authorized certificate under the Defendant’s name, such as the Internet banking password.

Accordingly, the Defendant transferred two copies of the passbook and the electronic cash withdrawal card, which are the means of access used to make a transaction request in electronic financial transactions, to B, and allowed B to obtain an authorized certificate under the name of the Defendant.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Investigation report (a copy of passbook, etc.);

1. A passbook security card, Internet banking, etc.;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

1. Article 31 subparag. 3 and Article 23(2) of the Digital Signature Act regarding criminal facts; Article 49(5)1 and Article 6(3) of the former Electronic Financial Transactions Act (amended by Act No. 9325, Dec. 31, 2008) concerning criminal facts

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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