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(영문) 인천지방법원 2019.03.20 2019고단216

전자금융거래법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer a means of access used in electronic financial transactions without special provisions in any other Act.

Nevertheless, at around 13:00 on November 6, 2018, the Defendant: (a) heard the phrase “BAD” from a person without his/her name (B: C) in the Geum River basin square located in the Geumdong-dong-dong-dong-dong-dong-si, the Defendant transferred the means of access by means of inserting the physical card connected with the D bank account (E) under the Defendant’s name to the person with no name and informing him/her of the password through F.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and materials to be submitted and replies;

1. Application of investigation reports (Attachment of photographs of contents of conversation B by a suspect's cell phone), investigation reports (Voluntary submission of details of transactions of DNA bank accounts by a suspect);

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is highly likely to be used as a means of other crimes, such as singing, etc., and actually used for singing. The Defendant committed the instant crime of this case again even though he/she had the record of investigating the physical card, etc. connected to the D Bank account in trust of the lending commitment and had been transferred around January 2015, and he/she committed the instant crime of this case again. Meanwhile, the Defendant reflects the instant crime; the number of means of access transferred by the Defendant; the number of the means of access transferred by the Defendant; the Defendant’s age, character and conduct, the motive and background of the instant crime; the means and method of the instant crime; and the circumstances after the crime, etc., shall be determined as the same as the order.