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(영문) 춘천지방법원 2017.03.14 2016고단1215
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 access medium used in electronic financial transactions.

Nevertheless, on June 10, 2016, the Defendant extended a loan of five million won from a person who was unable to know the name of the Defendant at the Defendant’s house of 302, 109, B apartment house of Chuncheon-si, and in conversations with a person who was unable to know his/her mobile phone (one employee of KR Savings Bank).

except that cards shall be sent to Kwikset Service

Note-to-face balance management and return it to Kwikset service, and accepted it, and then delivered a physical card connected to the post office account (Account Number C) under the name of the defendant and its password to the above person through Okwikset Service.

As such, the Defendant transferred an access medium linked to the account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the details of account use by the defendant, telephone numbers stored on the defendant's mobile phone, and six-month telephone details;

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. In light of the fact that another victim was born through the transfer of electronic financial transaction access media by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the act of the defendant is not less than that of the defendant, but the defendant's act is against the crime of this case, such as the defendant's age, sexual behavior, economic situation, and circumstances after the crime, etc. are taken into consideration.

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