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(영문) 인천지방법원 2017.06.15 2017고단3582
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium to financial institutions.

Nevertheless, around February 11, 2017, the Defendant transferred the access media to financial institutions through Kwikset Service Articles in the name of the accused, who had been in the name of the accused, through Kwikset Service Articles, from around the office of the accused in Nam-gu, Incheon, and sold the passbook and password connected to the two accounts (C) at KRW 500,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, G, and H;

1. Application of Acts and subordinate statutes on response to financial transaction information;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected;

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

1. The act of transferring the physical card or password on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for sing, singing, etc., and thus, the social music is reasonable.

Nevertheless, in accordance with the interests of the Defendant, the Defendant committed the instant crime, and as a result, the access media transferred by the Defendant was used for the phishing crime, thereby causing the victim.

However, the defendant recognized his mistake and reflected his mistake.

Although the defendant has been sentenced to a four-time fine, he does not have the same criminal records.

In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.

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