beta
(영문) 인천지방법원 2018.05.30 2018고단2440

전자금융거래법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

Nevertheless, on December 28, 2017, the Defendant sent a copy of the physical card from the Incheon bus terminal located in the south-gu Incheon Metropolitan City, Incheon Metropolitan City, 35 (U.S. C.) to the Defendant’s name bank account (B) with the Busan bus and transferred it to the needy.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment, except for those subject to punishment once by fine.

Unfavorable circumstances: The defendant's access media was actually used for the second crime and the damage was incurred.

In the past, it was fully aware of the fact that the transfer of the access medium was a crime in the face of the investigation conducted one time due to the violation of the Electronic Financial Transactions Act.