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(영문) 의정부지방법원 2017.11.16 2017고단4405
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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium or promise to receive any consideration in using or managing such medium, and lend or take over such access medium.

Nevertheless, on March 25, 2016, the Defendant listened to the phrase that he would give KRW 2 million to the account from a person who is not the name, while searching for the sale of the passbook on the Gu’s website, on condition that he would use the account for three months, and at the package end in Seoul, he received the passbook in the name of the Defendant’s name and the cash card connected thereto from the KB National Bank Account (D) account in Seoul, and transferred it to a person who is not the name.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Specified financial transaction information;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article 49 (4) 1 of the Act on the Electronic Financial Transactions and Trade for the Crime, Article 6 (3) 1 of the Criminal Act, and the selection of fines for the crime;

1. Taking into account the following factors: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which reflects the Defendant’s mistake; (b) the Defendant did not have any criminal record; (c) the Defendant conducted Internet search to transfer his account actively; and (d) the Defendant received profits of KRW 2 million from the instant crime.

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