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(영문) 수원지방법원 2018.03.21 2017고단7273
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

No person shall transfer or take over any access medium in using or managing the access medium.

From September 2016 to October 2016, the Defendant promised to receive KRW 500,000 from the person under whose name the Defendant came to know of the “sale of passbook”, etc. in the Internet website from the person under whose name the Defendant came to know, to receive KRW 500,00 in return for the transfer of passbook, etc. In the vicinity of the Suwon bus Terminal in Suwon-si, Suwon-si, the Defendant transferred the access media by entering the passbook, cash card, and the OTP card in front of the above passbook, which is linked to the account (bank C) established by the Defendant, as the representative of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine for punishment;

1. The crime of transferring an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is a means to facilitate other crimes; the access medium provided by the Defendant is actually used for the crime; the Defendant’s mistake is against the Defendant; and the primary offender is considered.

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