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(영문) 인천지방법원 2017.05.11 2017고단1923

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 provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

On December 2, 2012, the Defendant received a proposal from a person whose name is unknown prior to the company C, which is in the vicinity of Guro-gu Seoul Metropolitan Government, to lend a e-mail card to 1.4 million won per month from a person whose name is unknown, and issued the e-mail card under the name of the Defendant to Kwikwikset Service Articles with no name known, and transferred the e-mail card to the Defendant’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on transaction details;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the access media transferred by the Defendant appears to have been used for the criminal act of Bosing, etc. is against the disadvantage; (b) there is no record of criminal punishment exceeding the fine; (c) there is no record of criminal punishment exceeding the fine; and (d) the fact that the Defendant has endeavored to recover the damage of Bosing victims of Bosing, etc. taking into account favorable circumstances; and (b) the punishment as ordered shall be determined by taking into account the favorable circumstances; and (c) other factors such as the Defendant’s age, sex, environment, motive and circumstance of the crime