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(영문) 인천지방법원 2019.06.14 2019고단2579

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 one may transfer or acquire any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.

Nevertheless, around November 25, 2018, the Defendant received 1.5 million won in return for the transfer of the means of access to a person in non-name in this waters located in the Dongjak-gu Seoul Metropolitan Government Party, and delivered a physical card, one, and a password connected to the B Bank Account (C) in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on damage;

1. Application of Acts and subordinate statutes to report internal investigation (a reply to the execution of a warrant of seizure applying mutatis mutandis a financial account);

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

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

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) does not mean that the means of access lent by the defendant is actually used for other crimes, and the liability for the crime is weak. However, considering the circumstances favorable to the defendant, such as the recognition of each of the crimes in this case and reflection of the fact that the defendant appears to have no actual cost, the punishment as ordered shall be determined by considering the defendant’s age, character and behavior, environment, circumstances before and after the crime