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(영문) 의정부지방법원 고양지원 2015.08.28 2015고정846
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

At around 13:00 on July 10, 2014, the Defendant issued, before the Defendant’s office, a Kwikset service, one of Kwikset’s physical card under the name of the Defendant, to a person who is unable to know his name through Kwikset service, and notified the password of that physical card, account number of passbook, etc.

Accordingly, the defendant transferred the physical card and the password necessary to use the physical card, which is a medium access to electronic financial transactions, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of statutes on response to details of financial transactions;

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

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

1. In light of the damage caused by telephone financial fraud in sentencing of Article 334(1) of the Criminal Procedure Act, when considering the reason for sentencing of Article 334(1) of the Provisional Payment Order, a corresponding punishment is required for lending the same account as this case, and the defendant’s fine amount, the defendant’s age, character and conduct, family relation, criminal records, the circumstance of the instant case, and the subsequent progress shall be determined by comprehensively taking into account the following factors in sentencing.

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