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(영문) 인천지방법원 2016.08.25 2016고단4368

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 May 27, 2016, the Defendant’s phone call from a person who was in a name-free situation;

Part of the tax will be sent.

When sending one copy of the check card connected to the account, one million won in cash shall be provided.

The defendant, who did not have any occupation at the time of receiving the proposal of "the defendant, consented to the punishment for living expenses, and then opened a passbook and a check card at the Japanese bank located near the Nam-gu Incheon Metropolitan City Department of Property Distribution.

On May 2016, the Defendant continued to transfer to Kwikset service article one physical card connected to the Japanese bank account (D) in the name of the Defendant at around the end of Incheon, Nam-gu, Incheon, and transferred the password of the aforementioned physical card to Kwikset service article by transmitting the mobile phone text message to the name in secret.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing a petition and verification;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. In the event that an electronic financial transaction access medium is delivered on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, there is a high possibility that the reliability of the safety performance of the electronic financial transaction may be abused for other crimes, such as Bosing, etc. In fact, it is disadvantageous that the Defendant’s electronic financial transaction access medium was used for crime.

However, there is no history of criminal punishment prior to the crime of this case, and the health of the defendant is not good because he suffers from disease such as depression and cerebrovascular, etc.