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(영문) 제주지방법원 2014.05.16 2014고정321

전자금융거래법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

A person is prohibited from transferring a passbook, electronic card, and password necessary for the use of the means of access to electronic financial transactions. However, around December 25, 2012, the Defendant: (a) on the Internet around December 25, 2012, the Defendant opened a bank account in his/her name (C), and transferred the passbook, cash card, and password from the Jeju Airport Cargo Office to the non-resident of his/her name, by sending it to the non-resident on the Internet at around December 26, 2012. < Amended by Act No. 11283, Dec. 26, 2012; Act No. 11213, Dec. 26, 2012>

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of the Act on Statement of Account Transfer Transactions;

1. Relevant legal provisions and the choice of punishment for criminal facts: Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act; Selection of fines;

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

1. Provisional payment order: A sentence shall be imposed as per Disposition by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Recognizing and reflecting the facts of a crime; and considering the fact that economic benefits derived from a crime are not significant: The means of access in this case actually used for a crime committed by fraud; and other reasons such as the motive of the crime, the family relationship of the defendant, economic conditions, and previous previous criminal records, etc. are determined as per Disposition