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(영문) 인천지방법원 2016.09.01 2016고단4433
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 used in electronic financial transactions unless otherwise specifically provided for in any other Act in using and managing the means of access.

On February 23, 2016, the Defendant received a proposal from the Seo-gu, Incheon Metropolitan City, to the effect that he would give KRW 3 million if he/she lends his/her e-mail card from a person who is not aware of his/her name, on the front road of 1038 Won-dong, Seo-gu, Incheon Metropolitan City, the Defendant issued a bank account (B) with the name of the Defendant to Kwikwikset Service Articles, whose name is unknown, and transferred the means of access by notifying the password.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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 where an electronic financial transaction is transferred, not only the security and reliability of electronic financial transactions may be harmed, but also the means of access transferred by the accused for any other crime, such as Bosing, should be strictly punished. In fact, in light of the fact that the means of access has been used for the crime of Bosing, the crime is not weak, but the defendant appears to have an attitude to recognize and reflect the crime, and the fact that it is an initial offender with no penalty power, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and conduct, and environment, as indicated in the records and arguments in the instant case, shall be determined as

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