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(영문) 대구지방법원 2016.06.23 2016고단1753
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

No person shall transfer or take over any access medium in using or managing access medium under the Electronic Financial Transactions Act.

Nevertheless, on March 13, 2015, the Defendant opened up one physical card, which is an access medium connected to the NH bank account in the name of the Defendant, to the Hanmyeong-dong, Jungyeong-gu, Busan, and the same year.

5. Dately, the mobile storage media and the password of the official stamp in which the official stamp was stored to B from the mutual infinite office located in the Masan-si, Masan-si, Busan-si, the date was transferred to the medium of access to electronic financial transactions in the Mona-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Specified financial transaction information;

1. Investigation report (A filing of a detailed statement of account transactions with financial institutions);

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

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

1. The act of transferring multiple approaches simultaneously constitutes a single act of committing a violation of the Act on Electronic Financial Transactions and Trade (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). Articles 40 and 50 of the Criminal Act provide that each crime is in a mutually competitive relationship.

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouse is not only a case where the defendant transferred the access media for electronic financial transactions, thereby impairing the trust and safety of financial transactions, but also a case where the access media can be used for various criminal acts.

However, the defendant is the first offender, and the error is divided in depth after recognizing the crime of this case, the fact that the defendant seems to transfer the access media without receiving the price upon receiving the request by friendly B, the fact that he is going to find employment with college students, and other age, sex, and environment of the defendant.

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