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(영문) 서울서부지방법원 2017.10.10 2017고정1171
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium.

Nevertheless, around July 12, 2012, the Defendant received cash of 200,000 won in cash from the non-exploited multiples located in the non-exploitive area of the Gangseo-gu Seoul, Gangnam-gu, Seoul, and transferred cash cards and passwords connected to the Saemaul Treasury Account (Account Number: B) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of internal investigation reports, application for a warrant of search, seizure and verification (applicable mutatis mutandis to financial accounts), and application of statutes of a warrant of search, seizure and verification;

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 (excluding 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 on the ground that the act of transferring the access media, like the instant crime, is in need of strict eradication because it is highly likely to be abused for highly detrimental crimes such as singing, etc., and in fact, the access media transferred by the Defendant was used for the crime of fraud and the victim was generated, and the damage was not recovered until now. Nevertheless, the Defendant does not seem to have any attitude against the instant crime, and the amount of fine is determined as identical to the summary order, taking into account all the relevant sentencing conditions, including the Defendant’s age, character and environment, equity with sentencing cases in similar cases.

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