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(영문) 의정부지방법원 2018.11.29 2018고단2687
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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.

On August 7, 2017, the Defendant, around 14:00, placed a physical card and password connected to the B’s union account (Account Number C) in the name of the Defendant in front of Heung-dong Heung-dong, Changwon-dong, Goksetset through Kwikset’s service.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

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 financial transaction information (A);

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, under the conditions below a fine of five million won.

The circumstances unfavorable: The fact that the victim was incurred due to the account lent by the defendant and that there were many records of crime: The confession of the crime of this case

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