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(영문) 수원지방법원 성남지원 2017.11.08 2017고단2267
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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on January 2017, the Defendant received a call from a person who was in the name of a police officer to offer 4 million won when transferring the account number and password of a passbook, and the check card, etc., and then transferred one check card connected to the bank account (C) of the name name of the Defendant through Kwikset in front of the third floor building located in Sungnam-gu Seoul Special Metropolitan City, Sungnam-gu, Seoul Special Metropolitan City, through Kwikwikset's service, and notified the above account number and password through telephone communications.

Accordingly, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of transfer receipts, CCTV-related Acts and subordinate statutes taken at the time of withdrawing damage;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the act of transferring the electronic financial transaction access medium to another person can cause damage to many and unspecified persons because it can be used for fraud crimes, such as singing, etc., under the unfavorable circumstances, such as the fact that the account of the access medium actually transferred by the defendant was used for the fraud crime, the confession of the defendant, the fact that the defendant is against himself, the fact that the defendant did not have any criminal records, etc. are considered in favorable circumstances, and the punishment shall be determined by comprehensively taking account of the following factors: the defendant’s age, sex, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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