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(영문) 인천지방법원 2017.11.09 2017고단6656

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If 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, around June 27, 2016, the Defendant acquired the access media from B three times in total, such as the passbook, physical card, OTP security card, and password connected to B’s account in the name of the national bank account (C) outside of the public prosecution, from the front of the Incheon Central Financial Center, which is located in Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect B, or a protocol concerning the police;

1. Reporting internal investigation (Submission of a copy of an application for new transaction with a national bank) and the application of Acts and subordinate statutes on investigation reports (Submission of details of opening an account of a national bank);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The punishment is determined as ordered by taking into account the following factors: (a) the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is recognized; (b) only one time prior to a fine; (c) the number of accounts that have been taken over; (d) the circumstances and circumstances leading up to taking over the accounts; (e) the Defendant’s age, sexual conduct, family relationship,