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(영문) 서울남부지방법원 2017.09.22 2017고단886

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 to the use and management of the medium access to electronic financial transactions.

Nevertheless, at the end of July 2016, the Defendant issued a copy of the physical card linked to the national bank account (B) opened in his/her own name, if he/she transferred the physical card because he/she is a company operating a shopping mall, which needs to be kept in the account due to tax issues.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the detailed statement of gold transactions and the detailed statement of deposit transactions in non-media media;

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. Recognizing the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act was actually used for another crime, tax evasion, etc., it appears that an approaching medium would have been leased, taking into account the circumstances surrounding the crime, the background of the crime, the history of the crime, the circumstances after the crime, and other conditions of sentencing, such as the Defendant’s age and sexual behavior.