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(영문) 수원지방법원 평택지원 2018.05.10 2017고단2256

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall transfer an access medium unless otherwise expressly provided for in other Acts in using and managing the access medium.

Nevertheless, on June 12, 2017, the Defendant heard a talk that he would bring about KRW 2,100,000 from a person in a name in front of the apartment building in fung-si, 2-ro 37 large-scale, Gyeonggi-si, and that he would bring about KRW 2,100,00,000 from a person in a name in front of the apartment complex, and transferred the physical card and password, which is an access medium of the bank account (number B: B), to the above person via Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transactions;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

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

1. Considering the fact that the act of transferring the media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment that can be abused as a means of other crimes, such as singing, etc., and that the Defendant actually suffered fraudulent damage with respect to the access media that the Defendant transferred, it appears that the Defendant did not yield profits from the instant crime, and that there was no record of punishment against the Defendant.