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(영문) 서울서부지방법원 2019.02.14 2018고단4280
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of access, no one may transfer the means of access, except as otherwise expressly provided for in other Acts, but around August 16, 2018, the Defendant transferred one physical card connected to the DNA bank account (Account Number E) opened in the name of the Defendant in Yongsan-gu Seoul, Yongsan-gu, Seoul, through the so-called “Kwikkset Service,” to a person whose name is unknown, and notified the password to a “F”, a Internet-based domain service.

As such, the Defendant transferred the means of access to a person who is unable to identify his name.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint of G;

1. Application of Acts and subordinate statutes to report internal investigation (application for a warrant of seizure-D bank), internal investigation report (application for a warrant of seizure-H), internal investigation report (in case of a reply to execution of a warrant of seizure-D bank), investigation report (in case of a reply to execution of a warrant of seizure-H), investigation report (execution of a warrant of seizure

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant again committed each of the instant offenses even before the instant case despite having been punished by transferring the means of access; and (b) the Defendant’s age, character and conduct, family relationship, living environment, means and results of the commission of the crime; and (c) the sentencing conditions, including the circumstances after the commission of the crime, shall be determined as per the order.

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