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(영문) 청주지방법원 영동지원 2017.07.06 2017고단48
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, 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.

Nevertheless, on March 30, 2016, the Defendant received 300,000 won in return from the non-scamb (one name B) in return chain stores prior to the point of light b, a national bank that was located in the Dong-dong at the time of scambing, and issued a passbook stating the physical card and password connected to the national bank account (Account Number: D) in the name of the limited company C.

Accordingly, the defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. (Caution) Application of Acts and subordinate statutes on account transactions in the C National Bank;

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;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Any unfavorable circumstance] The transfer of an access medium for electronic financial transactions, such as the instant crime, can be used as a means of other crimes, and the nature of the crime is not somewhat weak.

In fact, the access media transferred by the defendant seems to have been used for other crimes.

[ favorable circumstances] The instant crime was committed once, and the Defendant did not directly participate in other crimes than the instant crime.

I seem to appear.

The Defendant was committed by committing the instant crime, and his mistake is divided.

There is no record that the defendant has been punished for the same crime.

In addition, the defendant's age, reputation, character and conduct, environment, family relationship, and all the conditions of sentencing revealed in the trial process of this case, including the circumstances after the crime, etc. shall be determined as ordered.

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