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(영문) 창원지방법원 진주지원 2015.11.18 2015고단883
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or acquire any electronic financial access medium to any third person.

Nevertheless, around June 2015, the Defendant transferred a passbook and a check card connected to the post office account (Account Number C) opened in the name of the Defendant in front of the central market in Jinju-si alternative road, along with a password, to a person under whose name the card was transferred to transfer the electronic financial access medium.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of a certificate of transfer (one million won) and a certificate of the results of electronic financial transfer;

1. Relevant Article 49 (4) 1 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 1 of the Electronic Financial Transactions Act and the selection of fines concerning criminal facts;

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

1. The risk of the instant passbook, etc. transferred by the Defendant on the ground of sentencing in Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order was realized. However, although the Defendant’s criminal liability is light, the Defendant’s criminal act is against himself/herself, the Defendant’s economic benefits cannot be deemed to have been obtained due to the instant crime, and the Defendant has no specific criminal power, such as the Defendant’s favorable circumstances, the Defendant’s age, character and conduct, and other various sentencing conditions specified in the records and arguments, such as the records and arguments, shall be determined as ordered, taking into account the following factors.

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