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(영문) 창원지방법원 밀양지원 2018.09.13 2018고단308

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

No person shall issue a transaction instruction in electronic financial transactions or transfer any access medium used to secure the authenticity and accuracy of users and the details of such transaction to any third person.

On August 2017, the Defendant issued a passbook that enables electronic financial transactions from a person without his/her name (hereinafter referred to as “B”) at a place in which he/she was not a policeman, and loaned KRW 50 million if he/she is informed of the password.

“The proposal was presented.”

On September 1, 2017, the Defendant issued a passbook and its password connected to the post office account (Account Number C) in the name of the Defendant at a large post office located in the name of the Defendant, from around 1, 2017 to around 1, 2017.

Accordingly, the defendant transferred the above passbook and password, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the receipt statute

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. In light of the fact that there is no record of punishment for the same crime as the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime, etc., the punishment is determined as ordered.