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(영문) 인천지방법원 2018.09.19 2018고단5368

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 other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On April 2018, the Defendant would give KRW 1,00,000 if he/she passed the test report when he/she sent a physical card from a person who was not a senior policeman on his/her name.

“After receiving a proposal and accepting it, “A” transferred a physical card connected to the Defendant’s name D account in Michuhol-gu Incheon, through Kwikset Service Articles, and through the Kwikset Service Articles, the access media was transferred.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the F’s written statements to statutes;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

It is an initial crime with no previous record of punishment.

Unfavorable circumstances: The defendant's access media was actually used for the second crime and the damage was incurred.