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(영문) 수원지방법원 2018.04.10 2017고단8586
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 in using or managing the access medium.

Nevertheless, the defendant, at around 16:00 on June 20, 2017, will be required for money laundering and will be paid fees in the exit 2 of Young-gu, Young-gu, Young-gu.

“In accordance with the proposal by a person without a name, each physical card connected to the SC bank account (Account Number: B) and the National Bank Account (Account Number: C) in the name of the accused was sent to the person without a name, and then the password was sent to the person without a name by telephone.

Accordingly, the defendant transferred the head of the physical card, which is an access medium, and the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of warrant reply data (SC Japan Bank), details of transactions (National Bank) Acts and subordinate statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order requires strict punishment against the Defendant in that the Defendant’s transfer of an access medium is not against the nature of the crime, but the access medium transferred by the Defendant was used for the Internet goods fraud crime.

However, considering the fact that the defendant recognized the crime of this case as the primary offender and divided his mistake, the punishment as ordered shall be determined by taking into account various circumstances such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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