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(영문) 인천지방법원 2018.02.28 2017고단9589
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 2017, the Defendant used Kwikset's service to correct the criminal facts to the extent that it does not infringe the Defendant's right of defense in light of the evidence record, at the request of the first person in front of the main apartment road located in Yeonsu-gu Incheon.

C & D, each of which was linked to C/D, transferred the electronic financial transaction access media by delivering account numbers, passwords, and official certificate information (i.e., IDs and passwords) using the Kakakao Stockholm.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (the confirmation of the physical transfer card in addition);

1. Application of a service-based confirmation document, Kakao Stockholm dialogue legislation

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Electronic Financial Transactions Act due to the transfer of access media connected to the agricultural cooperative account D with the largest amount of punishment);

1. Selection of an alternative fine for punishment;

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

1. The criminal defendant's crime of sentencing under Article 334 (1) of the Criminal Procedure Act with the reason of sentencing of the provisional payment order can not only disrupt the credibility and safety of electronic financial transactions, but also be abused as a means of crime using access media. Therefore, there is a need for punishment.

The access media transferred by the defendant was actually used to commit a serious trading fraud, and the damage was caused.

In 2016, the Defendant was subject to the suspension of indictment on the charge of violation of the Electronic Financial Transactions Act due to the transfer of the access medium, and the Defendant was fully aware of the illegality of transfer of the access medium through the investigation process. However, the Defendant committed the instant crime only once again.

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