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(영문) 부산지방법원 동부지원 2017.11.09 2017고단1919
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on May 20, 2017, the Defendant accepted a proposal that “to pay the face-to-face fee to the account to be used on the earth site” from a person without the name of the Defendant on May 20, 2017, with the face-to-face loaned.”

5. 25. At the office located in Suwon-gu Busan, Busan, a cash card linked to the Busan bank account (D) in the name of the defendant was sent to the name in the name of the defendant using Kwikset Service, and the name in the name was notified of the password by telephone to the name in the name in the name of the defendant.

As a result, the Defendant promised to receive the access media for electronic financial transactions in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to response to requests for the provision of financial transaction information;

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the transfer of electronic financial transaction access media on the ground of sentencing of Article 334(1) of the Criminal Procedure Act may impair the reliability of the safety performance of the electronic financial transaction, and may be abused for other crimes, such as Bosing. Therefore, it is necessary to strictly punish the transfer of electronic financial transaction access media. In fact, the Defendant’s transfer of electronic financial transaction access media is at a disadvantage.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the fact that the defendant seems to have no profit acquired by the crime of this case, and that the defendant has no criminal record for the same kind of crime is favorable.

In addition, the defendant's age, sex, and behavior.

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