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(영문) 서울남부지방법원 2016.10.05 2016고단3408

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 any means of access, such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of such transaction, or borrow or lend a means of access, or keep, deliver or distribute a means of access by receiving, demanding or promising any compensation therefor.

On March 18, 2016, the Defendant: (a) received a mobile phone text message from a person without his/her name, stating that “The head of the tax team of the company C to save corporate tax, who is the head of the tax team of the company C; (b) would be given a fee of KRW 700,000,000 per cash card to the person with no name; and (c) received a cash card from the person with no name to the person with no name; and (d) received a cash card from the person with no name to the person with no name to the person with no name; and (d) sent the cash card from the person with no name to the person with no name to the person with no name to the person with no name to the person with no name, and then lent it to the Kwikset Service provider, who was found to the person with no name, to receive the payment for the means of access in electronic financial transactions by notifying the person with a password of the above account through the telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Receipt of transaction and documents related to the crime;

1. Application of statutes of search, seizure, verification warrant and reply letter;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, as well as the act of transferring the means of electronic financial transactions, such as the instant crime, is a very dangerous crime that facilitates another crime using the means of access to cause considerable damage. In fact, the Defendant’s means of access was used to commit the crime, thereby causing damage.

However, the defendant's mistake.