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(영문) 광주지방법원 2018.08.31 2018고단2476
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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, on March 27, 2018, the Defendant sent a e-mail card because he/she must pay 140,000 won a day to recruit employees who manage the illegal sports earth site from the scaming staff (a one-time illegal sports earth site manager) on March 27, 2018.

In other words, the proposal was received and accepted, and around 19:30 on the same day, it transferred the physical card connected to the account under the name of the defendant to the above person in the name of the defendant in front of the first exit area of the Seongbuk-gu Seongbuk-gu Sung, Daegu Sungdong-gu but around the same day, and notified the password.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on replies;

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

1. Taking into account the following circumstances: (a) recognition of the crime of sentencing under Article 334(1) of the Criminal Procedure Act as well as the reflection thereof; (b) absence of any previous record; and (c) the frequency of transferring the access media was limited to one time; and (d) there is no benefit from the transfer thereof.

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