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(영문) 수원지방법원 2018.08.23 2018고단3361

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on January 2014, the Defendant issued a passbook, physical card, etc. connected to B (C) account under the name of the Defendant in the Dong-gu Daegu-gu, Daegu-gu, 560, to D, a company partner, and notified the password necessary for the use of the card.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E’s authentic statement and written statement;

1. The document of F;

1. Investigation report (suspect A);

1. Details of each account transaction, a certificate of deposit, and a statement of deposit;

1. Application of each G message submission statute

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); 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. The act of transferring the electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only a serious crime that not only undermines the trust in the electronic financial transaction, but also causes damage to many victims by using the transferred access medium for a criminal act such as telecommunications financing fraud.

The defendant's transfer of access media has been abused in criminal acts and has caused damage.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstance leading to the crime and the circumstances after the crime, shall be determined as ordered by considering the fact that there is no benefit acquired by the crime, and that there is no record of criminal punishment in the Republic of Korea.