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(영문) 수원지방법원 안산지원 2019.07.05 2019고단1721
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 means of access used in electronic financial transactions.

Nevertheless, around March 2019, the Defendant received a proposal that “the Defendant sent the Defendant’s physical card to be employed” from the deceased and accepted it, and around 10:00 on March 20, 2019, issued the Defendant’s physical card and its password, which was linked to the Defendant’s B account (C) prior to the exit of 310 water zone, to the Defendant’s name, prior to the exit of 310 water zone.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of damage from D;

1. Details of transfer, etc.;

1. Application of Acts and subordinate statutes, such as dialogues;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the transfer of the means of access for electronic financial transactions can be used as a means of other crimes, and in fact, the means of access transferred by the defendant was used as a crime.

However, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the fact that the defendant has recognized his mistake, that there is no criminal history against the defendant, that there is no benefit from the crime, and that there is no other benefit from the crime, and the defendant's age, character, environment, family relationship, motive and consequence of the crime.

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