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(영문) 인천지방법원 2018.03.08 2017고단8714
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 or take over any access medium in making a transaction instruction in electronic financial transactions or using or managing any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

On May 15, 2015, the Defendant heard that “A security card and a certificate of official approval are changed so that money can be transferred to the use of the lower account in betting on the Internet gambling site,” from a person in a name in the vicinity of the Defendant’s residence located in Seo-gu Incheon, Seo-gu, Incheon, and issued the security card, which is an access medium connected to the Agricultural Cooperative Account (C) in the name of the Defendant.”

Accordingly, the defendant transferred access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on transaction in the agricultural bank account;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;

The sentencing criteria are not applied because of the choice of fine.In consideration of the fact that the electronic financial transaction access media that transfers a fine of 3 million won to another person can be used for the fraud crime, such as Bosing, etc., it is necessary to strictly punish the accused.

However, the defendant recognized the crime of this case and reflected his mistake in depth, and the defendant's profits from the crime of this case all.

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