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(영문) 대전지방법원 천안지원 2017.09.08 2017고단484

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 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 December 29, 2015, the Defendant: (a) received a proposal from a person whose name cannot be known by telephone, stating that “the Defendant would make one head of a Tong to create a head of a Tong at the face of KRW 2 million; (b) around 14:00 on the same day, the Defendant sent the head of the Postal Card to a person whose name is not known through Kwikset Service, which is linked to the company bank account (B) in the name of the Defendant in the vicinity of the bank account in the name of the Defendant in the middle-gu Busan metropolitan-dong area.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on internal investigation reports (an amendment of details of transfer and attachment of transaction receipts);

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. It is necessary to strictly punish the transfer of access media for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, which can be used as a means of other crimes.

In this case, the access media transferred by the defendant was used for the criminal act of Bosing, causing damage.

However, the defendant is currently recognizing his mistake and is in profoundly against himself.

There is no profit acquired by the defendant due to the instant case.

A defendant shall not be subject to criminal punishment, except for a fine once.

In addition to these circumstances, the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering the following circumstances.