beta
(영문) 인천지방법원 2018.12.20 2018고단7545

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

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

On July 24, 2018, the Defendant sent a physical card and a physical card at B’s home distribution office located in Jung-gu, Incheon, Jung-gu.

different types.

“I hear the horses of a person without a name, and send a physical card connected to the account (Account Number C) of the Defendant’s name to a place designated by the above person without a name, using a one copy of the physical card connected to the account (Account Number C) of the Defendant’s name, and notify the above person without a name of the password.

Accordingly, the defendant transferred a physical card, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A certificate of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes to reply to financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;

The sentencing guidelines are not applicable because the defendant is selected as a fine: The act of transferring or lending the electronic financial transaction access media to a fine of three million won may cause damage to many and unspecified persons because it can be used for fraud crimes, such as Bosing, etc. In fact, the account of the access media actually transferred by the defendant has been used for fraud, and the defendant has already undergone investigation related to the transfer of access media, but only has taken into account the fact that the defendant has already undergone investigation related to the transfer of access media, it is necessary to severely punish the defendant.

However, the defendant recognized the crime of this case and reflects his mistake in depth.