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(영문) 대전지방법원 논산지원 2016.11.15 2016고단480

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 person may transfer or acquire a means of access in using and managing the means of access.

Nevertheless, on October 2015, the Defendant: (a) reported on the purport that “the passbook shall be inserted in the passbook; (b) 300,000 won will be paid; and (c) opened a corporate bank D account in the name of the Defendant at the corporate bank francing point in the cPC located in Seosan-si, Seosan-si; (d) opened a bank account in the name of the Defendant around October 20, 2015 at the corporate bank francing point in the cPC located in Seosan-si, Seosan-si; and (e) transferred the passbook, check card, OTP card, and its password, which are linked to the company bank account in the name of the Defendant at Kwikset-si, in front of the “F” finz. E in the following month.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to investigation reports (Presentation of A Details of Transactions);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act requires a corresponding punishment in that the crime of this case can be abused as a means of another crime as well as impairing the safety and trust of financial transactions.

However, in light of the fact that the defendant's mistake and reflects, the fact that there is no other criminal records except that the defendant has been punished once as a fine due to a crime of double-class, and the defendant's age, environment, details of the crime, and result of the crime, etc., the punishment shall be determined as ordered in consideration of all the sentencing conditions