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(영문) 대전지방법원 천안지원 2018.08.17 2018고단966
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium.

Nevertheless, around 16:40 on March 19, 2018, the Defendant presented a proposal to the effect that “the head of the Gangseo-gu Busan Metropolitan City Office C” would bring 90,000 won to the Defendant’s bank account (D) using the text message and the Kakao Stockholm, which was connected to the Defendant’s name on March 22, 2018, by using the Defendant’s home delivery around 09:00, the head of the physical card connected to the Defendant’s bank account (E) and one copy of the physical card connected to the new bank account in the name of the Defendant.

Accordingly, the Defendant transferred two copies of the physical card, which is a medium access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes concerning the details of transactions with automatic entry and withdrawal in cash, financial data replies, and Kakao dialogues;

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 crime of transferring or lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not easy in light of the fact that the crime is not only detrimental to the credibility of the safety performance of electronic financial transactions, but also becomes a means to facilitate other crimes. The access medium provided by the Defendant is actually used for the crime, on the other hand, the Defendant confessions and reflects the crime of this case, and there is no criminal history against the Defendant, and all other circumstances revealed in the record and the change theory of this case.

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