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(영문) 인천지방법원 부천지원 2016.05.17 2016고정68
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On June 2012, the Defendant: (a) transferred a passbook or physical card connected to the Defendant’s name bank account (Account Number: C) at the Defendant’s residence located in Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City on June 2012 to a person with no name; and (b) notified the password of the physical card through the cell phone on the same day.

Accordingly, the defendant transferred the passbook, electronic card, and passwords necessary for the use of the passbook, electronic card, which is used to give instructions on transaction in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

2. On July 16, 2012, around July 16, 2012, the Defendant transferred a passbook and physical card connected to the Defendant’s name bank account (Account Number: D) at the Defendant’s residence located in Gwanak-gu, Seoul Special Metropolitan City around July 16, 2012 to the Defendant, through Kwikset’s service, and informed the Defendant of the password through the mobile phone on the same day.

Accordingly, the defendant transferred the passbook, electronic card, and passwords necessary for the use of the passbook, electronic card, which is used to give instructions on transaction in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts and the selection of punishment for each of the following:

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. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

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

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