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(영문) 전주지방법원 2016.12.16 2016고단1897
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer the means of access used in electronic financial transactions.

Nevertheless, at around 18:00 on August 1, 2016, the Defendant heard the horses of the boxes that “if one passbook is sent, 100,000 won or more per month, 50,000 to one million won will be given if two or three documents are sent,” and transferred the means of access via Kwikset’s service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written petition;

1. Reports on internal investigation (verification of the details of transfer and attachment thereof);

1. Application of the Acts and subordinate statutes to the provision of financial transaction information;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (any other violation of the Electronic Financial Transactions Act by means of access);

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. For reasons unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, the act of transferring or lending to another person the means of access to electronic financial transactions may cause damage to many and unspecified persons because it can be used for fraud, such as scam, etc., and the account of the means of access actually transferred by the defendant has been used for fraud.

The favorable circumstances include the fact that the defendant recognizes all of the crimes of this case, and that the defendant has no record of criminal punishment due to the same kind of crime.

The above circumstances and other factors, including the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by taking into account the various sentencing conditions under Article 51 of the Criminal Act.

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