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(영문) 부산지방법원 동부지원 2017.11.16 2017고단1008
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium in using or managing any access medium under the Electronic Financial Transactions Act.

Nevertheless, around January 18, 2017, the Defendant sent a physical card connected to the post office account (C) under the name of the Defendant in front of the Defendant’s dwelling in Suwon-gu building B (504), using Kwikset service, and attempted to inform the Defendant of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A detailed statement of transactions of the automation machine that has transferred the amount of damage;

1. Application of Acts and subordinate statutes to a report on investigation (a person who has opened an account to which the amount of damage has been transferred)

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. It is necessary to strictly punish the transfer of access media for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, which can be used as a means of other crimes.

In this case, the access media transferred by the defendant was used for the criminal act of Bosing, causing damage.

B. A defendant has the same criminal history, and the crime of this case was committed during the period of repeated crime of this species.

However, in light of the fact that the defendant confessions and reflects the defendant, the defendant's profits and losses suffered by the victim in this case are relatively small, and other various circumstances revealed in the trial process, such as the defendant's age, sex, environment, etc., sentencing a fine more than sentencing a short-term sentence is deemed to be a punishment corresponding to the degree of the punishment of the criminal act in this case, and the sentence is determined as per the order.

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