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(영문) 서울남부지방법원 2018.06.21 2018고단645
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall transfer or lend a passbook, physical card, etc. which is a medium access to electronic financial transactions to any third person.

Nevertheless, on January 25, 2018, the Defendant promised to receive 1.5 million won per 1,50,000 won per eck card, and then transferred 4 copies of eck card, each of which is linked to the Defendant’s name’s bank account (D), new bank account (E), post office account (F), and Nong Bank account (G) account, and eck-si Kim Jong-si, and then the J transferred eck-si to the eck-si H.

Accordingly, the defendant transferred the electronic financial transaction access media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (attaching investigation records);

1. Application of Acts and subordinate statutes governing text messages;

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

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of punishment (Punishments and choice of fines prescribed for crimes concerning the physical card related to the account of the Nonghyup Bank with the largest punishment);

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

1. The act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for a crime such as tax evasion, gambling, and singishing, and thus, the relevant social malicious crime was committed. In fact, the Defendant’s access media was used for fraud and the victim was generated.

However, it seems that there is no benefit to the defendant actually acquired through the crime, and there is no criminal record against the defendant, the punishment shall be determined by taking into account various factors of sentencing, such as the motive and background of the crime, the circumstances after the crime, the age, sexual behavior, and the environment.

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