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(영문) 인천지방법원 2017.08.23 2017고단3939

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

No person shall transfer any medium access to electronic financial transactions.

Nevertheless, on January 2016, the Defendant received a text message stating that “The Defendant will give 3,00,000 won when sending one head of a Tong” from a person in the name of the police officer, and around that time, transferred the passbook and physical card connected to the national bank account (Account Number) in the name of the Defendant in front of the building B in Gyeyang-gu, Incheon, by using Kwikset’s service, and then transferred a medium of access to electronic financial transactions by informing the password using Kwikset message.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police with regard to D (investigative records No. 2, No. 14);

1. Application of statutes on financial transaction details;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

It is an initial crime with no previous record of punishment.

Unfavorable circumstances: The defendant's access media was actually used for the secondary crime and the damage was incurred.