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(영문) 수원지방법원 평택지원 2018.11.30 2018고단1043

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 October 2017, the Defendant issued a physical card to a person who is the seat of the Defendant at the dwelling of the Defendant in Pyeongtaek-si B Stack 301, and issued a personal card to a person who is the seat of the Defendant, and notified the password in advance, KRW 3 million.

“In response to the proposal,” and thereafter, on October 2017, 2017, Kwikset service article came to have a passbook from the person who was unable to receive the phone from the person who was named as the first police officer.

B From October 23, 2017 to the following day, the Defendant transferred the access media to Kwikset Service Articles who sent the instant name and password connected to the Nong Bank’s account (D) in the name of the Defendant before the Defendant’s residence from October 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of response statutes, such as details of financial transactions;

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. In light of the fact that the crime of transfer of the media access to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act becomes a means to facilitate other crimes, and that the access media provided by the Defendant was actually used for the crime, the Defendant’s liability is not less than that of the crime, but the primary offender is recognized, the Defendant’s age, sex, environment, circumstances leading to the crime, etc. shall be determined by comprehensively taking account of the following factors: (a) the Defendant’s liability is not less than that of the crime; (b) the primary offender is recognized; (c) the Defendant’s age, sex, environment