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(영문) 서울중앙지방법원 2017.04.27 2017고단964
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 any access medium in using and managing the access medium for electronic financial transactions unless otherwise specifically provided for in any other Act.

Nevertheless, on November 24, 2015, the Defendant received a proposal from a person without his/her name to “be given KRW 1,500,000 to one month per account when transferring the passbook to a sports earth company.” On the same day, the Defendant issued a passbook and a e-mail card connected to the Saemaul Bank Account (D) account in the name of the Defendant in the name of the Defendant before the Gu-Si 202, where the Defendant was living in Gu-si B, and notified him/her of the password through Kwikkset and the password. On the 25th day of the same month, the Defendant issued a passbook and one e-mail card connected to the Saemaul Bank Account in the name of the Defendant at the above location, and transferred an access medium with the name of the Defendant through Kwikkset service, and the Defendant notified him/her of the password by writing on the side.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to the community credit cooperative account in the name of the defendant (23 pages of investigation records), a statement of financial information on the account under the name of the defendant, and a statement of transactions (70 pages of investigation records);

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be as follows: (a) comprehensively taking into account the following circumstances, such as the Defendant’s age, sexual conduct, motive and consequence of the crime, and the circumstances after the crime, etc.

The crime of this case is an act that facilitates a crime that causes property damage to an unspecified number of unspecified victims, such as Bosing, and the social harm is very high, and the physical card transferred by the defendant is actually fraud, etc.

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