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(영문) 서울남부지방법원 2017.01.10 2016고단3955
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall issue a transaction instruction in electronic financial transactions or transfer or take over any access medium, such as an electronic card, which is used to secure the authenticity and accuracy of the users and the details of the transaction, lease or lease any access medium or keep, deliver or distribute such access medium by receiving, demanding or promising any consideration.

around January 20, 2016, the Defendant was living in the same place as that of the Defendant in Geumcheon-gu Seoul Metropolitan Government.

D listen to the explanation of "to use the e-mail card only three days if it is sent, instead of 4 million won if it is sent." On the same day, Kwikset service article, which was found to be the defendant's residence at the defendant's residence, sent the e-mail card to the defendant's new bank account (E) under the name of the defendant, by allowing Kwikset service article to send the e-mail name to the defendant, and notify him of the password, thereby receiving the access media in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. Application of Acts and subordinate statutes to a copy of transfer receipt and a copy of account transaction;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant receives compensation and transfers the approaching medium to someone else, and the nature of the crime is hot.

However, a fine shall be imposed in consideration of various sentencing conditions, such as the confession of the crime of this case and the misunderstanding of the defendant, the fact that there is no record of punishment exceeding the same kind of crime or fine, and the fact that the defendant did not obtain the price.

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