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(영문) 대구지방법원 상주지원 2018.05.01 2018고정18

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

Except as otherwise provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, at the end of the end of August 2017, the Defendant: (a) received 3 million won per account from an Buddhist person; and (b) received 1 copy of the physical card from his own national bank account via Kwikset Service Articles; and (c) immediately notified the password of the physical card to the telephone.

Accordingly, the defendant would receive the price and sent the physical card and password, which is a medium access to electronic financial transactions, to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared B;

1. Each investigation report (No. 6, 10, 13 No. 13 in the list of evidence);

1. Request for cooperation in investigation (CCTV image data);

1. Data on bank replies, data on replies of the relevant tax office in Busan Metropolitan City, data on replies of the relevant tax office in Si/Gun, and communications reply data;

1. Application of Acts and subordinate statutes governing registration;

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

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act seems to be considerably difficult to determine the family relationship and financial circumstances of the defendant, the crime of this case by the defendant is ultimately abused for the so-called Bosing crime, and considering the enormous negative impacts of the Bosing crime committed in our society, the amount of fine under the summary order should not be reduced.