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(영문) 전주지방법원 2016.09.02 2016고단804

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No one shall transfer the means of access to any third person in using and managing the means of electronic financial transactions, and may promise any compensation, receive any compensation and lend the means of access.

Nevertheless, the Defendant was offered as to whether he had sold the passbook from the Pro-dong, a solicitation book for the passbook “Singing”, and received 500,000 won from B in return for the purchase of the passbook from September 20, 2015 to the account in the name of the former two banks (D) around September 20, 2015.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and C;

1. Each petition of F, E, G, H, I, J, and K;

1. A written statement F, H, L, and I;

1. Each review of the results of transfers;

1. Details of each account transfer;

1. Each photograph;

1. Each specification of transactions;

1. A written request for transfer without passbook;

1. Transfer certificate;

1. The Kakao Stockholm content;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a copy of a suspected B of suspect A);

1. Relevant provisions of the Act on Criminal Facts and the choice of punishment for each type of crime under Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (the transfer of means of access);

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

1. Selection of an alternative fine for punishment;

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

1. For reasons unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, the transfer of the means of electronic financial transactions to another person may cause damage to many and unspecified persons because it can be used for fraudulent crimes, such as Bosing, etc. In fact, the account of the means of access leased by the Defendant has been used for the criminal act of fraud, and the Defendant committed the instant crime without being aware of during the period of probation due to this type of crime.

The defendant recognizes the crime of this case for favorable reasons.