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(영문) 창원지방법원 2018.04.12 2017고단4090

전자금융거래법위반

Text

Defendant shall be punished by a fine of four 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 in using or managing the access medium.

In August 2017, 2017, the Defendant sent a e-mail card, which is able to receive the interest of KRW 15 million from a person in an influence of his name, with the interest of KRW 27.5% per month and KRW 5% per month, from a person in an influence of his name.

“In so doing” received proposals and accepted them.

On August 7, 2017, the Defendant opened an account in the name of the Defendant at the KB National Bank in the name of the KB located at the time of Kimhae-si (hereinafter referred to as Kimhae-si), and sent a physical card connected to the above national bank account D to the address of the non-person who was notified of the non-person who was unable to receive the name, at the 719-o, Jin-si, Jin-dong Kim Young-si (hereinafter referred to as the same day).

Accordingly, the defendant transferred the access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a certificate of deposit confirmation, certificate of door-to-door identification, and copy of passbook details;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Transfer of a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is an act facilitating various crimes, such as tax evasion, Internet gambling, and scaming, and such social harm is not easy.

However, the punishment as ordered shall be determined by taking into account the following factors: the Defendant’s mistake is in profoundly against himself/herself and has no record of the same kind of crime; the motive and circumstance of the instant crime; the Defendant’s age, sex, environment, the number of access media to which the Defendant transferred, and the circumstances after the commission of the crime.