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(영문) 인천지방법원 2017.08.17 2017고단5137
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

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 March 2017, the Defendant received a proposal that he would give 50,000 won per day from a person whose name is unknown to another person who was unable to know, and issued a post office account (C) in the name of the Defendant to a person who was unable to know, and transferred the access media by notifying the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. Application of Acts and subordinate statutes governing verification;

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. The act of transferring and lending the physical card or password for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for scaming, etc.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, the defendant recognized his mistake and reflected his mistake.

No profit gained by crime shall be made.

There is no criminal investigation and criminal history against the defendant.

It is a crime committed by the defendant when he is a juvenile, and again does not commit such an act.

There are many things.

The punishment shall be determined as ordered in consideration of the circumstances above and other conditions of sentencing, such as the age, sex, family relationship, property status, etc. of the defendant.

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