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(영문) 인천지방법원 2017.05.26 2016고단4646
전자금융거래법위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

On April 14, 2016, the Defendant issued a proposal to the effect that, in front of the Defendant’s office in Yeonsu-gu Incheon, he would lend the e-mail card from a person without his name to his name, the Defendant transferred the access media by issuing the passbook and the e-mail card in the name of the Defendant’s bank account in the name of the Defendant through Kwikset Service and informing him of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written petition of D;

1. Application of transaction details (3) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The punishment of a fine shall be imposed by taking into account the following factors: (a) the first offender with the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the fact that the Defendant appears to have no profit actually earned from the instant crime; and (c) the fact that the Defendant recognized his mistake; (d) the amount of the fine shall be determined by taking into account the circumstances unfavorable in addition to the above favorable circumstances (the access media transferred by the Defendant was used for fraud; and (e) the situation where the Defendant’s whereabouts are unknown until now without attendance on the sentencing date);

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