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(영문) 인천지방법원 2017.08.08 2017고단4628
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If 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 using or managing any access medium used in electronic financial transactions.

Nevertheless, the defendant would give 2 million won per three days if he/she lends the passbook to him/her for the purpose of saving his/her name.

In response to the receipt of text messages to the purport, “,” around February 15, 2017, at around 19:00 to 21:00, the Kwikset rendered the Defendant’s name bank account (C) and transferred the electronic financial transaction access media to the name in a way that it delivers a personal card connected to the Defendant’s name bank account (C) and informs the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to deposit certificates, search and seizure inspection warrant and reply materials (A account details);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of transferring and lending the physical card or password for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for scaming, etc.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, the defendant recognized his mistake and reflected his mistake.

The defendant has been sentenced to a fine once, and has not been sentenced to the same offense.

There is no profit actually earned by the defendant.

In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.

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