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(영문) 대전지방법원 논산지원 2015.12.29 2015고단558
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or take over, or set up a pledge on, a cash card which is a medium access to electronic financial transactions and a password necessary for the use of the cash card, a user number, etc. registered with a financial institution or an electronic financial institution.

Nevertheless, on June 2015, the Defendant issued a physical card under the name of the Defendant, and transferred a medium of access to electronic financial transactions by notifying the password to the Defendant, as follows: “The 4,500,000 won will be paid if he/she is informed of the physical face, the account number, and the password on the roads B in front of the Seocho-si, Busan Metropolitan City.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on banking transaction and account transaction details;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines;

2. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act of the Labor House Detention Act is that a defendant, although he could have sufficiently predicted that he will be used for a crime, he would give 4,500,000 won in the case of transfer of physical cards, etc. as stated in its holding, and that the illegality of such transfer is not somewhat weak.

However, the fact that the defendant is opening up a criminal offense, the defendant's promise of 4,500,000 won is not received, the criminal punishment is not imposed several times, but there is no record of having been punished as a violation of the Electronic Financial Transactions Act, and other circumstances shown in the arguments in this case, such as the defendant's age, character and behavior, environment, etc., shall be determined as the same as the order.

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