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(영문) 대전지방법원 천안지원 2017.12.15 2017고단2094
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium used for electronic financial transactions unless otherwise expressly provided for in any other Act in using and managing access medium.

Nevertheless, on May 2017, the Defendant would offer 5% of the money found at the face of the case by finding out the money deposited in another person's account because the Defendant's name was undissatisfyed.

On May 10, 2017, at around 21:30, he/she received a proposal to the effect that he/she will send a physical card as collateral and sent it to him/her, and around May 10, 2017, he/she transferred to Kwikset through Kwikset service, who sent the above name in front of the entrance of the subway Seoul Station No. 5 in Yongsan-gu Seoul, Yongsan-gu, Seoul, to the bank account (B) in the name of the defendant, and the body card with one and one password connected to the post office account (C) in the name of the defendant, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D and a written statement of E;

1. Application of Acts and subordinate statutes to a copy of a certificate of account transfer verification, investigation report (limited to attachment of a statement of account transfer under the name of a suspect A to the account transaction statement in Korea under the name of a suspect) and investigation

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. It is necessary to strictly punish the transfer of access media for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, which can be used as a means of other crimes.

In this case, the access media transferred by the defendant was used for the criminal act of Bosing, causing damage.

However, the defendant is currently recognizing and opposing his mistake.

There are no criminal records of the same kind.

The defendant seems to have no benefit from the case.

The Defendant is partially hosting a license.

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