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(영문) 전주지방법원 2017.05.24 2017고단426

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, he shall be 100.

Reasons

Punishment of the crime

No person shall transfer any access medium to any third person in using and managing the access medium.

On December 28, 2016, the Defendant transferred the cash card, which is an access medium connected to the former North Bank Account (C) in the name of the Defendant, to the name of the Defendant, via Kwikset Service.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage;

1. Data replies to financial institutions;

1. A letter of a request for CCTV data;

1. Application of Acts and subordinate statutes to report internal investigation (to attach image materials to the amount of money withdrawn from North Korea bank prior to the title of theA);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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. The transfer of the media that approaches the reason for sentencing under Article 334(1) of the Criminal Procedure Act can be used as other means of crime, and the nature of the crime is not less than that of other crimes, and since the access media that actually transferred by the defendant in this case was used for the crime of fraud, it cannot be held liable for the defendant. On the other hand, considering the fact that the defendant has no record of punishment for the same kind of crime, the punishment as the order shall be determined by taking into account the various sentencing conditions shown in the argument in this case, such as the defendant's age, sexual behavior and environment.