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(영문) 광주지방법원 2018.04.26 2018고정184
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 or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction, or arrange such transfer or taking over.

Nevertheless, on June 2017, the Defendant: (a) received a request from a person under whose name the name the name “C” was written to request the head of the Tong to request for an illegal stay in Korea; and (b) accepted such request; (c) on June 2017, the Defendant arranged the transfer of the passbook and the head of the passbook connected to the Defendant’s bank account in the name of the Defendant, and the head of the passbook connected to the Defendant’s bank account in the name of the Defendant (E) and the head of the Tong and the head of the check connected to the Defendant’s name bank account in the name of the Defendant, which was located in the Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each written statement of G, H, I, J, K, L, M, N, P, Q, R, R, T, and U;

1. Application of Acts and subordinate statutes on remittance details data;

1. Article 49(4)1, Article 6(3)1 (a) of the Act on the Electronic Financial Transactions and Trade (referring to the transfer of an access medium), Article 49(4)4, and Article 6(3)5 (referring to the referral of an access medium) of the Act on the Electronic Financial Transactions and Trade;

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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