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(영문) 제주지방법원 2017.01.19 2016고정753
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

On July 12, 2016, the Defendant received KRW 2 million per account in return for transfer, and sent three copies of the physical card, which is a medium of access to electronic financial transactions, to the account in the name of the Defendant, using the phone, and sent three copies of the physical card, which is a medium of access to electronic financial transactions, to the account in the name of the Defendant. On July 12, 2016.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a bankbook (corporate bank E), a detailed statement of account separate transactions (corporate bank E), a copy of a passbook (passupF), a inquire of transaction details (passupF), and a copy of a passbook (infinite G);

1. Application of the Stockholm Act to the Stockholm Act

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act, namely, the Defendant’s age, sexual conduct, environment, the background and consequence leading to the instant crime, the circumstances following the instant crime, the circumstances after the instant crime, the number of similar cases, and other various conditions of sentencing as indicated in the pleadings, are considered. In particular, the following circumstances should be taken into account: (a) transfer of an access medium for electronic financial transactions may not only impair the credibility of the safety performance of electronic financial transactions, but also be abused for other crimes, such as Bosinging, etc.; (b) it is necessary to strictly punish the Defendant; and (c) the Defendant’s actual transferred access medium for electronic financial transactions appears to have been used for other crimes.

The favorable circumstances: The defendant confessions all of the crimes of this case; the defendant seems to have no profit actually acquired by the crime of this case; and the record of the same crime of this case or the crime of this kind exceeds the fine.

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