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(영문) 대전지방법원 천안지원 2017.03.17 2016고단2442
전자금융거래법위반
Text

Punishment on the accused shall be determined by a fine of 2.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

In using and managing access media, no person shall transfer or acquire bankbooks, check cards, etc. which are access media, unless otherwise expressly provided for in Acts.

Nevertheless, the defendant, on June 3, 2016, will give 50,000 won per day after the physical card is transferred to a tax office, which is necessary for the deduction of taxes.

“In receipt of a proposal to the purport, I sent the physical card and password connected to the Defendant’s credit account (C) in the Gyeonggi-si apartment 502 on the same day, and transferred the physical card and password to the name in the name of the deceased using Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of transaction specifications, deposit details, statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as the transfer of access media for electronic financial transactions can be abused as a means of other crimes. In practice, in this case, the access media transferred by the defendant is used for committing a crime, the defendant recognizes and reflects the crime, the defendant has no record of criminal punishment, and other circumstances indicated in the trial of this case, including the defendant's age, sex behavior, environment, circumstances, criminal records, and profits from committing a crime, etc. shall be determined as ordered by taking into account all the following circumstances.

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