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(영문) 전주지방법원 2017.03.29 2016고단2143
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 transfer any access medium used in electronic financial transactions.

Nevertheless, the Defendant, upon receipt of a proposal from an Buddhist person to “I will give two million won per account if he/she transferred the account,” and, on September 22, 2016, around September 13:30, 2016, issued Kwikset’s bank account (C) to the deceased through Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a list of transactions of entry and withdrawal, and customer information inquiries;

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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is not only impairing the safety and trust of financial transactions, but also can be abused as means of other crimes. The Defendant cannot be exempted from punishment corresponding to the crime in light of the fact that the access media illegally transferred by the Defendant was used for actual fraud.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant is against the wrong and there is no other record of the crime except for the defendant's one-time suspension of indictment for this paper crime, and all of the sentencing conditions shown in the arguments of this case, such as the age, sex, environment, circumstances of the crime, and result of the crime.

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