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(영문) 인천지방법원 2017.05.31 2017고단1766

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

Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

Nevertheless, at around 16:00 on March 10, 2016, the Defendant contacted D, a website, with the Internet site, prior to the Chungcheong-gun C gas station located in Chungcheong-gun C, and received KRW 100,000 per day during one month, and transferred two physical-line cards connected to the credit cooperative federation account in the name of the Defendant, and one bank account (F) through Kwikset service, by informing Kwikset of the card and transferring its access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage from telephone finance fraud and a public receipt (certificate of confirmation of transfer);

1. Application of the details of financial transactions and the response to financial transaction information Acts and subordinate statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The punishment of a fine shall be imposed by taking into account the following factors: (a) the first offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the fact that the Defendant appears to have no profit gained by the Defendant from the instant crime; and (c) recognition of and reflects his mistake; (d) the amount of the fine shall be determined by taking into account the circumstances unfavorable to the Defendant in addition to the above favorable circumstances (the access media transferred by the Defendant was used for fraud) and all other factors revealed in the instant