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(영문) 대전지방법원 서산지원 2015.01.15 2014고정295

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 2014, the Defendant transferred the means of access to a post office in the name of the Defendant (Account Number: B), a physical card, and a password connected thereto to the Defendant, at a place where it is impossible to identify a location below the Seocho-Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement (including attached documents) statute to C;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only prejudicial to the safety and reliability of financial transactions using electronic media, but also requires strict punishment because the electronic medium is highly likely to be used for various criminal acts including cryping, so its social harm is serious. The means of access actually transferred by the defendant is used for cryping, thereby causing property damage of KRW 2,225,00 to the victim, and all of the sentencing conditions stated in the records and arguments of this case shall be determined by comprehensively taking into account all the sentencing conditions stated in the records and arguments of this case.