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(영문) 인천지방법원 2016.02.17 2015고단8022
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall transfer any access medium, such as physical cards, necessary for electronic financial transactions, unless otherwise provided for in any other Act.

On December 15, 2014, the Defendant purchased a passbook from a person who is influence of his/her name in front of the agricultural road of Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu.

“I hear the word “,” and received KRW 200,000 in return, from a new bank account opened in the name of the Minister of Strategy and Finance in the middle of December 2014 (100-30-49) connected to a new bank account (100-30-490389) in the name of the Minister of Strategy and Finance, and a passbook, check card, and an OTP security card, etc. connected to the above name to the person in default, and to notify the person of the password necessary

Accordingly, the defendant transferred the passbook, e-mail card and the password necessary for the use of the card, which is a medium access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to illegal accounts related to illegal sports gambling, and data capturing the screen of the gambling site;

1. Article 49 of the Criminal Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act 1 and Article 6 of the same Act 1, and Article 6 of the same Act 1, and the selection of fines;

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 is not suitable for the crime of this case, such as transferring the access media for electronic financial transactions, thereby impairing the trust and safety of financial transactions, and thereby, using the access media transferred therefrom for singing crimes.

However, in light of the fact that the defendant is against the crime of this case, there is no record of the crime before committing the crime of this case, and other various sentencing conditions such as the defendant's age, sexual conduct, environment, motive and circumstance after committing the crime, etc., the punishment as ordered shall be determined.

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