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(영문) 인천지방법원 2018.10.25 2018고단6415
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium by financial institutions.

On Oct. 1, 2014, the Defendant: (a) transferred a physical card and password to a non-scamman for the purpose of lending; (b) was aware of the fact that the Defendant transferred the physical card to the Defendant during the investigation process, and recognized the fact that the transfer of the access media was illegal; and (c) the transfer of the physical card did not receive any loan at that time; and (d) even if sending the physical card, even if sending it, the Defendant could use the physical card that the Defendant transferred to the non-scam for a crime or illegal day, and could not be returned.

Nevertheless, on April 15, 2018, the Defendant transferred the access media to financial institutions by putting the body card (1) and passwords, which are linked to the national bank account in the name of the Defendant, from the non-profit convenience store located in Bupyeong-gu Incheon Metropolitan City, to the non-named person by visiting the merc book with the head of the national bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to details of financial transactions in the principal, customer information inquiries, and customer information transactions;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is that the Defendant’s liability is not minor since the occurrence of a victim of a fraudulent crime by using the access medium that the Defendant transferred.

As such, transferring the electronic financial transaction access media is necessary to strictly punish such transfer because it impairs the stability and reliability of the electronic financial transaction and its access media can be abused for other crimes such as singing fraud.

B. A child is the defendant.

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