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(영문) 전주지방법원 2017.02.17 2016고단2402

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 shall transfer any access medium used in electronic financial transactions.

Nevertheless, the Defendant listened to the speech that “if you send an account, the Defendant will give KRW 3 million per month,” and even at D on September 29, 2016, at D in the frontway located in Yasan-si C around 10:00, Kwikset, through Kwikset’s services, delivered a physical card connected to the Agricultural Cooperative Account in the name of the Defendant, and a physical card connected to the Saemaul Treasury Account (F) to the Non-Party, and intended to deliver it to the Non-Party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation reports (the counter-investigation of victims);

1. Application of Acts and subordinate statutes to inquire of the results of transfer, to inquire of customer information, and to refusing transactions of entry and departure, and to copies of bankbooks;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Electronic Financial Transactions by Means of access);

1. Selection of an alternative fine for punishment;

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

1. Under Article 334(1) of the Criminal Procedure Act, the act of transferring or lending an electronic financial transaction access medium to a third party is likely to cause damage to many and unspecified persons because it can be used for fraud crimes, such as licensing, etc., and the account of the access medium actually transferred by the defendant has been used for fraud.

The favorable circumstances include the fact that the defendant recognizes all of the crimes of this case, and that the defendant has no record of criminal punishment due to the same kind of crime.

In addition to the above circumstances and the following circumstances, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.