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(영문) 수원지방법원 2017.04.26 2016고단7925

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 expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on November 22, 2016, the Defendant received a telephone from the person without his/her name and transferred the passbook to acquire cash. On November 23, 2016, the Defendant agreed to receive KRW 2 million per access media to the Kwikset Service Articles who sent the above name in front of the Busan Northern-gu Bukdong B, and sent it to the Kwikset Service Articles to receive KRW 2 million per access media, and sent the check card to the bank account (C) opened in the name of the Defendant, and notified the password by telephone.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to a copy of the passbook of the Korean bank and investigation report (attached to the Busan Central Department;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine for punishment;

1. The crime of transferring an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is a means to facilitate other crimes committed against many unspecified persons, such as Bosing, etc. The fact that the physical card offered by the Defendant was actually used for the crime of Bosing, which actually iced the loan, and that the Defendant reflects the wrongness of the Defendant.