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(영문) 인천지방법원 2016.06.16 2016고단1754
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

Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

On January 12, 2016, around 15:00, the Defendant transferred the access media by issuing each passbook of the Defendant’s name bank (B) and agricultural cooperative (C), cash card, OTP card, and password to the Defendant, to a person whose name is not known after receiving KRW 200,000 in cash from the 95-19, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. [Reference] Application of the Acts and subordinate statutes notifying data on financial transaction status;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of crime not only impairing the trust in financial transactions, but also other crimes. The access media transferred by the defendant is also used for actual fraud. In light of the fact that it is used for actual fraud, the nature of the crime is not weak.

However, considering the fact that the defendant acknowledges and reflects the crime, the first offender, and other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the age, sex, environment, etc. of the defendant as shown in the records and arguments of this case, the punishment shall be determined as ordered.

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