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(영문) 광주지방법원 2014.11.04 2014고정1676
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one may issue a transaction request in electronic financial transactions or transfer or acquire any means of access used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, around September 26, 2013, the Defendant issued the passbook, cash card, and password of the post office account (D) in front of Incheon Yeonsu-gu, Incheon, through Kwikset service.

Accordingly, the Defendant transferred the means of access to the above account.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (as at the point of opening an account):

1. Application of Acts and subordinate statutes to an application for a warrant of search, seizure, and verification (financial account application);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. It is recognized that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant’s mistake was divided and reflected in the sentence; (b) both the Defendant and the Defendant’s mother and the Defendant’s E are being treated as a suled and having been treated as a suled and highly difficult situation; and (c) the Defendant is deemed to have no criminal power of the same kind.

However, the crime of violating the Electronic Financial Transactions Act is a crime that facilitates the so-called "phishing" fraud, which is becoming a social problem, and it cannot be said that the nature of the crime is not considerably good because the means of access illegally transferred by the defendant is actually used for the above fraud crime. The equity in punishment with other persons who committed the same kind of crime as the same, and other ages, character and behavior, environment, motive and background of the crime, and crime.

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