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(영문) 서울중앙지방법원 2015.01.12 2014고정4880
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer a means of access.

Nevertheless, at around 15:00 on May 13, 2014, the Defendant issued a paper, through Kwikset service, stating the dynamics (B) account in the name of the Defendant at the Seoul Central Veterans Hospital located in Gangdong-gu Seoul Central Veterans Hospital, and one cash card and the password connected to Samsung Securities Account (C).

Accordingly, the Defendant transferred two cash cards, the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement (D);

1. Application of the Acts and subordinate statutes on the details of liquidity transactions and the account transactions;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of this case was determined by taking into account the following circumstances with regard to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

In order to obtain a loan, the Defendant transferred the means of access to a person whose name is unknown, such as facts constituting a crime, but did not actually receive a loan.

The Defendant asserts that this case’s crime was brought about due to poor financial standing.

The defendant makes a confession of facts constituting an offense from the time of detection and seeks countermeasures.

The defendant has been sentenced to a fine on seven occasions and has no criminal record of suspension of execution or more.

Considering all circumstances, such as the defendant's health and financial status of the defendant, balance with the general punishment degree of transfer of recording access media, which can be known through the heart surgery records and free residence confirmation document submitted by the defendant on December 17, 2014, the sentencing conditions were considered.

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