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(영문) 인천지방법원 2017.11.10 2017고단6566
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 February 27, 2017, the Defendant issued a proposal to grant KRW 80,000 per unit of the check from a person whose name is unknown, to a person whose name is not known, the Defendant issued the agricultural bank account (B) and the new bank account (C) and transferred the password to a person who is not known.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Responses, the details of transactions with the victim’s account, the application of Acts and subordinate statutes on transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments provided for in the crime of violating the Electronic Financial Transactions Act due to the transfer of access media connected to the agricultural cooperative account with a heavier penalty);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of sentencing under Article 334(1) of the Criminal Procedure Act is likely to disrupt the reliability and safety of electronic financial transactions, as well as disrupt social criticism as it can be abused as a means of crime using access media.

The access media transferred by the defendant seems to have been used for committing the crimes such as phishing fraud, and the actual damage is likely to occur.

The defendant's transfer of multiple access media to a third party and the quality of the crime is not good.

However, the defendant acknowledges the crime in this court, and the investigative agency reflects the crime and does not repeat the crime.

The Defendant stated to the effect that there was no actual profit from the instant crime, and was directly involved in the instant crime, such as Bosing fraud.

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