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(영문) 서울중앙지방법원 2016.06.03 2016고단874
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 any means and information-based access medium to secure the authenticity and accuracy in electronic financial transactions, such as the head of a Tong, password, cash card, etc., to any third person.

Nevertheless, at around 17:00 on November 4, 2015, the Defendant listened to the remarks that the Defendant granted three million won per head of Tong from a person who has no name in his/her name in the Dongjak-gu Seoul High Court, and transferred three (K, L, M), one bank account (N), one bank account in the name of the Defendant, two (P, Q) national bank account, two (P, one bank account in the company bank account (O), one bank account in the post office account (R), and ten (10) personal cards connected to our bank account (Account No. 10) and one (10) personal numbers to a person who has no name in the name of the Defendant through Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to T or U;

1. A V statement;

1. Application of Acts and subordinate statutes to the details of Internet/ smart banking transfer, each receipt, each statement of entry and withdrawal, each bank transaction application, each inquiry of transaction details, each copy of passbook, identification card, personal information under the name of account, and the details of entry and withdrawal;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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. The sentencing of Article 334(1) of the Criminal Procedure Act provides a large number of access media transferred by the Defendant for the reason of sentencing of the order of provisional payment, and the criminal liability of the Defendant is not weak in light of the fact that the access media actually provides for financial fraud crimes.

However, the fact that the defendant led to the confession of the crime and reflects on the fact that the defendant transferred the access media to obtain the loan, but there was no actual benefit, the first offender, and the defendant's age, sex, family relation, family environment, motive and means of the crime, circumstances after the crime, etc.

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