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(영문) 의정부지방법원 2018.10.24 2018고단2616
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

On March 9, 2018, the Defendant: (a) received 900,000 won per 1 ecck card connected to an account from a person who was named in front of the office of Dobong-gu Seoul building; and (b) sent the eck card connected to the account of the Defendant’s name to the Korean bank account (Account Number D).

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A warrant for search and inspection of seizure;

1. A written confirmation of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes to a report on the result of a program for submitting smartphone evidence;

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 an access medium for electronic financial transactions on the grounds of sentencing Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is highly needed since the access medium is used for fraudulent crimes, such as singing, etc.

However, the Defendant transferred access media without knowing such circumstances, and the Defendant did not have an active intent to receive text messages to lend a e-mail card and to commit a crime.

The Defendant is an initial criminal with no record of crime, and there is no benefit acquired from this case.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other conditions of sentencing as shown in the arguments of this case shall be determined as the disposition.

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