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(영문) 서울서부지방법원 2017.05.18 2017고단540

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 any access medium.

Nevertheless, on November 16, 2016, the Defendant sent a physical card in front of the Hyundai Card Call Center located in Yongsan-gu, Seoul, Yongsan-gu, Seoul, to a person who has no name but to the name of the Defendant “it is necessary for the Handphone opening business.”

Note 1, “To give KRW 7 million to the Defendant’s bank account (D)” received a proposal and accepted Kwikset service article, and issued, through Kwikset service article, a physical card connected to the Defendant’s corporate bank account (B), one check-related to the Defendant’s corporate bank account (D), one check-related to the Defendant’s corporate bank account (E), one check-related to the Defendant’s personal bank account (E) and one check-related to the Defendant’s bank account (E).

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each petition, deposit and withdrawal details, financial data replys (CF), copies of passbooks of a national bank (CF), copies of bankbooks of passbooks of Korean bank (CF), details of account transactions in Korean bank, details of account transactions in Korean bank, details of request for financial information, response to demand for financial information, and records of transfer of the Seoul Mapo Police Station ( relevant transmission number 2017-01765);

1. Application of Acts and subordinate statutes to report internal investigation (Evidence List 4);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions in the relevant Act on criminal facts (the transfer of each access medium);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the Defendant was aware that the access media that the Defendant transferred to him was used for the phishing crime, and (b) the Defendant immediately reported to the Bank; (c) the fact that there was no record of the same crime; and (d) the fact that there was no profits earned from this crime; and (c) the Defendant’s age, sex, environment, etc. were determined as ordered