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(영문) 제주지방법원 2018.09.17 2018고단726
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, the Defendant’s statement to the effect that “When sending physical cards, etc. connected to the Defendant’s account, the Defendant will borrow 10 million won by repeatedly accumulating the transaction performance by accumulating the credit rating, and then lending 10 million won.” On November 20, 2017, the Defendant issued a physical check card connected to the Defendant’s new bank account in the name of the Defendant at the post office of Jeju-si bus terminal around November 20, 2017 and intended to deliver it.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements in C and D;

1. Reporting internal investigation (application for a warrant of search and seizure subject to trends in the financial account)

1. Application of Acts and subordinate statutes to deposit money from damage;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (where a sentence of suspension of execution is invalidated or revoked, a fine shall not be paid);

1. Among the various conditions of sentencing as shown in the argument in the instant case for sentencing under Article 62(1) of the Criminal Act, among the reasons for suspended sentence under Article 62(1) of the Criminal Act, the following conditions are against each other: The recent infant has given birth, a cadastral disability 3, an economic difficult circumstances, and a disadvantageous circumstance that the transfer of the access media in this case seems to have failed to gain economic benefits: The defendant committed the instant crime even though he knows that there was a history of having been a violation of the Electronic Financial Transactions Act, and that the access media in this case should not be transferred, and that the access media in this case has been used for the phishing crime.

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