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(영문) 수원지방법원 2017.09.07 2017고단3082
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 expressly provided for in any other Act, no one shall transfer or acquire any access medium, such as an electronic card used to issue instructions on transactions or to secure the authenticity and accuracy of users and the details of transactions.

Nevertheless, on February 13, 2017, the Defendant received KRW 3 million in return for sending one account from a person who is not in the name of the Defendant. On the front day of the Kwikset-gu C company located in Young-gu, Young-si, Kwikset-si, through Kwikset-si's service article, sent the physical card and password connected to the Defendant's name company bank passbook (D) through the Kwikset-si's service article.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement E of the police statement statement statement statement by the defendant for verification of transfer, and notification of 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 act of transferring the electronic financial transaction access media on the grounds of sentencing Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order is not only prejudicial to the trust in the electronic financial transaction, but also to the nature and circumstances of the crime that can be abused as any other means of crime.

In fact, the access media transferred by the defendant has been abused for telephone financing fraud and has caused damage.

However, the defendant's mistake is recognized and seriously against those who have no record of criminal punishment.

There is no benefit from crime.

In consideration of these circumstances, the punishment is determined as ordered by taking into account the factors such as the sentencing conditions prescribed in Article 51 of the Criminal Act.

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