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Reasons
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(영문) 수원지방법원 2014.01.16 2013고정2771
전자금융거래법위반
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. A previous criminal record and the Defendant was sentenced to four months of imprisonment with prison labor for an injury at the Suwon District Court on January 24, 2013, and the said judgment became final and conclusive on February 1, 2013.

2. No criminal suspect shall acquire the means of access necessary for electronic financial transactions;

Nevertheless, the Defendant:

A. On July 18, 2012, at the front parking lot of Pyeongtaek-si, the head of the Tong requests that the head of the Tong operate a business to B, who was known to the general public, and the head of the Tong requests that B be required, the head of the Tong’s account and cash cards be taken over the means of access to electronic financial transactions;

B. Around July 2012, the head of the Tong asked F to operate the business with the knowledge of Pyeongtaek-si in front of the E, which was located in Pyeongtaek-si D, to whom the head of the Tong asked F to require, to build the head of the Tong and the head of the Tong in the Agricultural Cooperative (G) account, and to pay 150,000 won in return, and to acquire the means of access in each electronic financial transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and F;

1. The police statement of H;

1. Responses to requests for submission of data on financial transactions, replies to requests for information on financial transactions, and notification of details of financial transactions;

1. Previous convictions: Court rulings and the application of Acts and subordinate statutes to inquiry into cases;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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