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(영문) 서울중앙지방법원 2017.10.12 2017고단6164
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 one shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction in using and managing such access medium unless otherwise specifically provided for in any other Act.

Nevertheless, on April 12, 2017, the Defendant promised to offer 3,500,000 won to a person who was in the name of the Defendant to use the physical card under the name of the Defendant, and in accordance with the order of the person who was in the name of the Defendant, the Defendant sent the above name to the person who was in the name of the Defendant, by packaging and leaving one physical card connected to the new bank account (Account Number D) in Gangnam-gu Seoul Metropolitan Government Office Office Office’s convenience store in the name of the Defendant.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into details of transactions and receipt of deposits;

1. Application of Acts and subordinate statutes on financial transaction data replies;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The account linked to the physical card transferred by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was actually used for licensing crimes, and there are considerable damage.

However, the defendant shows a attitude of misunderstanding all the facts constituting the crime, and has committed the crime of this case with economic difficulties, but there is no economic benefit acquired therefrom, and other circumstances shown in the records and arguments of this case shall be determined as ordered in consideration of the text.

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