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(영문) 인천지방법원 2017.08.24 2017고단5544
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 any medium access to electronic financial transactions.

Nevertheless, on August 11, 2014, the Defendant would make a passbook "400,000 won on the face of the head of a Tong to create a passbook from a person who is under his/her name through the Internet Stockholm.

“In receipt of the proposal, “, in response thereto, assigned a medium of access to electronic financial transactions by means of delivering the passbook and cash card, which is an access medium connected to the post office account (Account Number B) in the name of the accused, to the person in default of the name, and informing the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a written request for the provision of passbook deposits and financial transaction information;

1. Relevant Article of the Act and Articles 49(4)1 and 6(3)1 of the Act on the elective Financial Transactions concerning the facts constituting an offense (the choice of penalty, and the reasons for sentencing as follows);

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also the soil where the phishing crime continues to take place in society.

However, a fine shall be imposed by integrating the sentencing factors, including the defendant's relatively good behaviors, criminal records, the background of lending the access media, etc.

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