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(영문) 수원지방법원 2018.06.21 2018고단2127

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 any other Act, no one shall transfer or acquire any electronic card, electronic information equivalent thereto, certificate, password, or other access media in electronic financial transactions, or establish a pledge, unless otherwise provided for in any other Act.

Nevertheless, the Defendant, at around 15:00 on October 20, 2017, sent the e-mail card necessary for tax issues, from a person who assumes the name infinite, who assumes the position of a liquor company in front of the e-mail B 503 on October 2017, 3 million won per account.

“In receipt of the proposal, the Defendant sent each one of the physical cards connected to the new bank account (C) and the Kakao Bank account (D) under the name of the Defendant via Kwikset Service. On the other hand, the security cards and passwords of the said account were transferred through cell phone text messages.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Answers on details of each financial transaction (F, etc.) and replies on details of financial transaction;

1. Application of Acts and subordinate statutes to report on investigation (record Defendant’s telephone statement);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Fines;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. For the reasons of sentencing under Article 334(1) of the Criminal Procedure Act, considering favorable circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the Defendant’s instant crime, circumstance before and after the instant crime, and other various sentencing conditions as specified in Article 51 of the Criminal Act, such as the fact that the access media leased by the Defendant was used in the criminal act and inflicted damage on a third party, the recognition of the Defendant’s mistake, and the fact that there is no record of the same kind of crime, etc., the sentence like the order shall be imposed.