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(영문) 수원지방법원 2017.06.15 2017고단1259
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

From the end of November 2016, the Defendant sent a physical card linked to the one bank account (D) opened in the name of the Defendant, on condition that the Defendant received KRW 3 million in front of the Defendant’s residence in Suwon-si, Suwon-si, 201, and the Defendant transferred the password via Kwikset Service, and notified the Defendant of the password by telephone.

Summary of Evidence

1. Application of Acts and subordinate statutes on the receipt of a police statement protocol made by the defendant to the defendant in his/her legal statement E, certificate of deposit transaction records, and reply details;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The act of transferring the electronic financial transaction access media on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is necessary not only to undermine the trust in financial transactions, but also to strictly punish the transfer as a means of another crime.

In fact, the access media transferred by the defendant has been abused for telephone financing fraud and has caused damage.

However, the defendant, who has no record of criminal punishment, recognized a mistake as a person with no record of criminal punishment, is seriously against him/her, and there is no benefit from the crime.

In consideration of these circumstances, the punishment is determined as ordered by taking into account the factors such as the sentencing conditions prescribed in Article 51 of the Criminal Act.

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