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(영문) 인천지방법원 2018.05.08 2018고단2658
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 or take over any access medium in making a transaction instruction in electronic financial transactions or using or managing any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

On October 2017, the Defendant listened to the statement that “The head of a Tong needs to deposit the dividend of sports earth and sand, so if sending the head of a Tong, he would give payment of KRW 3 million.” On October 27, 2017, around 11:00, at the C convenience store located in Gyeyang-gu Incheon Metropolitan City, the Defendant sent the e-mail card and passbook, which is an access medium for the Defendant’s national bank account (D) in the name of the Defendant, to the above person without a convenience store.

Accordingly, the defendant transferred access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of damaged evidentiary documents, such as a statement of details of transactions, and the Acts and subordinate statutes on replys to financial transaction information of a national bank;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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