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(영문) 대전지방법원 천안지원 2018.11.23 2018고단1989
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall transfer or take over 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, or set up a pledge thereon.

Nevertheless, on June 5, 2018, the Defendant listened to the phrase “in order to exchange Chinese money with Chinese money,” from a person who was named in the name of the Defendant (one named “B”), and the phrase “in order to exchange it with Chinese money, to transfer the physical card,” and on the same day, notified him/her of the password, one copy of the physical card connected to the new bank account (Account Number:C) in the name of the Defendant.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Status of individual entry or departure;

1. Confirmation of the results of transfer of electronic financial instruments, and application of Acts and subordinate statutes for bank transactions;

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 crime of transferring or lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not easy in light of the fact that the crime not only undermines the credibility of the safety and performance of electronic financial transactions, but also becomes a means to facilitate other crimes. The access medium of this case, which the defendant provided for a considerable amount of consideration, was actually used for the crime. On the other hand, the defendant confessions and reflects the crime of this case, and the defendant has no same criminal record, and all other circumstances revealed in the record and the change theory of this case are determined as ordered.

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