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서울중앙지방법원 2019.02.21 2018고정2873
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 one shall transfer any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access.

Nevertheless, on April 2016, the Defendant opened a physical card and its password connected to the D Association E account in the name of the Defendant’s representative in the B market located in Songpa-gu Seoul, Songpa-gu, Seoul.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Application of investigation reports (Attachment to C agricultural partnership corporate register) Acts and subordinate statutes;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant's acknowledgement of facts charged, the fact that there is no record of punishment for the same kind of crime, the fact that the account provided by the defendant appears to have been actually used for the actual crime of fraud, and other factors such as the defendant's age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., the same sentence as the order shall be determined by taking into account