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(영문) 인천지방법원 2018.02.22 2017고단9611

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 to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, the defendant will give 4 million won when sending cash cards by telephone from a person who has no name to the name.

"Around November 24, 2017, around 18:00, in response to the proposal, Kwikset Service was used on the road in front of the Incheon Strengthening-gun, Dong-dong, Incheon, Kwikset Bank, to deliver a physical card connected to the Defendant’s name bank account (Account Number C) and lend a medium of access to electronic financial transactions by telephone to inform the password.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each bankbook;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant’s access media for sentencing is actually used for the singishing crime and its nature is good. However, the Defendant does not have the same criminal record, the Defendant is receiving hospitalized treatment at a mental hospital as of Grade 3 with mental disorder, the Defendant is receiving hospital treatment at the present mental hospital as of Grade 3 with mental disorder, it appears to prevent additional damage by reporting to the investigation agency, and the Defendant’s mistake is against the Defendant’s age, sex, environment, motive, means, consequence, and all of the sentencing factors indicated in the instant argument, such as the Defendant’s age, sex, environment, motive, consequence, and circumstance after the crime.