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(영문) 인천지방법원 부천지원 2018.04.26 2018고단603
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 person shall transfer or take over any access medium required for electronic financial transactions, give or lend such medium with compensation, or lend such medium at a price.

Nevertheless, on November 13, 2017, the Defendant received a proposal from a person without his/her name to “to pay KRW 50,000 per day, as the head of the Tong and the card is required for three months to write off the product balance comments,” and the Defendant intended to transfer the passbook and the card. On the front day of Seoul Mapo-gu, the Defendant sent the name of the company bank account (C) and the cash card connected thereto to the company bank account in the name of the Defendant. On the same day, the Defendant was sent to the Kwikset service provider via the Kakao Stockholm, and the password was sent from November 13, 2017 to November 20, 2017 through the company bank account in the name of the Defendant.

Accordingly, the Defendant transferred the access media necessary for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Investigation report (Investigation of evidential materials submitted by a victim);

1. Details of separate accounts, details of transfer, and details of account transactions;

1. Application of the Kakao Stockholm legislation

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant transferred an access medium to receive a promise for consideration; the nature of the crime is not good; the defendant's transferred access medium is used for the crime of Bosing; the circumstances favorable to the fact that the defendant was not agreed with the victims of Bosing: Recognizing and against the mistake, the fact that there was no record of punishment for the same crime; and the fact that there was no record of punishment for the same crime, and other various conditions of punishment as indicated in the record and the change theory, such as the motive and circumstance of the crime.

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