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(영문) 대전지방법원 천안지원 2017.05.12 2017고단441

전자금융거래법위반

Text

Punishment on the accused shall be determined by a fine of 2.5 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 January 1, 2017, the Defendant: (a) received a proposal from a person, “B,” “B, who sent a passbook to use it on a tax-related day,” and (b) received a proposal from the person, “I will give KRW 3 million per head of Tong, if I wish to use it on a tax-related day; (c) the Samsung Service Center Asan located in Asan-dong, Asan-dong, Asan-dong, and attempted to deliver a physical card connected to the national bank account (number C) in the name of the Defendant at the parking lot, to a person whose name is unknown through Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on replies;

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, the defendant recognizes and reflects the crime, 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.