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(영문) 대전지방법원 천안지원 2017.06.28 2017고단911

전자금융거래법위반

Text

The sentence against the accused shall be three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer or acquire any access medium in using and managing any access medium for electronic financial transactions.

Nevertheless, on October 2016, the Defendant received a proposal from a person whose name was unknown, stating that “B is a customs company, and will offer a three-day cash card to KRW 2 million at the face of the week when transferring the three-day cash card.” At that time, the Defendant sent the physical card connected to the company bank account (D) in the name of the Defendant in front of the Defendant’s residence in the Northern-gu, Seoan-gu, Seoan-si, Seoan-si, and attempted to deliver it to a person whose name was unknown through Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transfer;

1. Application of the Acts and subordinate statutes to the financial warrant reply enterprise;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as the transfer of access media for electronic financial transactions can be abused as a means of other crimes. In practice, in this case, the access media transferred by the defendant is used for committing a crime, recognition of a crime and reflects the fact that the defendant has no record of criminal punishment, and other circumstances shown in the trial of this case, including the defendant’s age, sex behavior, environment, and circumstances, shall be determined as ordered by taking full account of all the circumstances shown in the trial of this case.