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(영문) 수원지방법원 2018.02.08 2017고단4919

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or acquire a password, user number, etc. registered in a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, on March 2016, the Defendant agreed to receive KRW 3 million per account in return for the transfer of the account from a non-name-based person in return for the transfer of the account from a person in the name of the Defendant, and sent a physical card connected to the name of the Defendant’s bank account (B) through Kwikset service article to the above non-name-based person through Kwikset Service article, and transferred the password and the identification number by telephone to the access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of account transactions (A, Saemaul Treasury) and the application of Acts and subordinate statutes on financial transaction data;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Circumstances unfavorable to the defendant for sentencing under Article 334(1) of the Criminal Procedure Act: The act of transferring the electronic financial transaction access media to the defendant is not only an act of impairing the trust in the electronic financial transaction and causing social harm by abusing it for criminal acts. Moreover, there is a possibility of criticism in that the defendant knowingly transferred the access media.

As much as a crime is not a crime of the same kind, there are several times of punishment (one time of actual punishment, one time of suspension of execution, and four times of fines). There is no evidence that there is no benefit acquired from a crime that is favorable to the defendant. The mistake is recognized and reflectivity. There is no other criminal record in the same kind of crime. Comprehensive information about sentencing conditions prescribed in Article 51 of the Criminal Act.