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(영문) 인천지방법원 2017.04.27 2016고단8178
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 using or managing the access medium.

Nevertheless, on July 2016, the Defendant would offer 3 million won per unit if he sent a physical card from a person who was in an influence of his name, from his name, in the Nam-gu Incheon Metropolitan City apartment B apartment unit 605.

“On contact,” transferred each of the physical cards, linked to each of the accounts in the name of the Defendant, to Kwikset Service, each of which and each of which are linked to the accounts in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Details of the deposit and withdrawal transaction list, and details of a warrant of search and inspection;

1. Application of Acts and subordinate statutes to an investigation report (the result of reply to execution of a warrant of search and inspection of seizure), investigation report (a copy of a bankbook attached to a bank that the person under consideration transferred together with the Saemaeul credit cooperative's check card);

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

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The act of transferring the physical card or password on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for sing, singing, etc., and thus, the social music is reasonable.

Nevertheless, in accordance with the interests of the Defendant, the Defendant committed the instant crime, and as a result, the access media transferred by the Defendant was used for the phishing crime, thereby causing the victim.

However, the defendant recognized his mistake and reflected his mistake.

There is no criminal record against the defendant.

There is no profit actually earned by the defendant.

In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.

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