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(영문) 광주지방법원 2013.11.28 2013고정2101
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant transferred the means of access used for electronic financial transactions by issuing the passbook(Account Number C) in the name of the Defendant and the new bank passbook(Account Number D), each of each of the cash cards and password(Account Number D), the Internet banking card(Account Number D) to B in front of the Suwon Mine-dong Foreign Exchange Bank.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police suspect interrogation protocol to E and F;

1. Relevant provisions of the Act on Criminal facts and the choice of punishment, respectively, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act include the fact that the defendant transferred the means of access to another person without justifiable grounds, and that there is a high possibility that such transfer of the passbook would be used for other crimes, such as transfer of the passbook to the person in need of such transfer. However, the nature of the crime of the defendant is not easy. However, the defendant is a primary offender who does not receive any particular criminal punishment, the defendant seems to have not received any particular compensation for the transfer of the means of access. In addition, considering the motive, means and consequence of the crime in this case, the circumstances after the crime, the age of the defendant, character and conduct, and family environment, the punishment of a fine of the same amount as the order shall be imposed on the defendant.

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