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(영문) 인천지방법원 2016.12.15 2016고단6796
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 one shall transfer or acquire any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction, unless otherwise provided for in other Acts.

On July 17, 2016, at around 12:00, the Defendant received the proposal that “is a alcoholic beverage company, and the account is required to reduce or exempt taxes. When transferring the account, the Defendant would pay KRW 2 million per account on three days per account.” On the other hand, the Defendant transferred a physical card connected to the foreign exchange bank account (B), one password, and the password, to the nameless person through Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes governing the certificate of account transaction;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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, where an electronic financial transaction is transferred, the safety and reliability of the electronic financial transaction may be harmed and may be abused for other crimes, such as Bosing, etc. In fact, in light of the fact that the means of access transferred by the defendant is used for the crimes of Bosing, the crime is not less complicated, but the defendant appears to have an attitude to recognize and reflect the crime, the fact that the defendant has no means of punishment equal to or higher than imprisonment without prison labor, and the fact that the defendant has no means of punishment other than imprisonment without prison labor, and other matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and conduct, and environment, as indicated in

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