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(영문) 춘천지방법원 2016.07.22 2016고정318
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 using or managing access medium under the Electronic Financial Transactions Act.

1. On July 22, 2014, the Defendant: (a) received a proposal from a person whose name is unknown at the door parking lot “CMa” in Chuncheon-si B; and (b) issued a passbook and e-mail card connected to the account via Kwikset service, and transferred the cash card, which is an electronic financial transaction access medium.

2. On October 2014, the Defendant received a proposal from a person who was unable to know his name in front of the Dong/Dong office located in Chuncheon to the effect that “I will give KRW 2,500,000 per month every week when I transfer the passbook to be used for the purpose of tax evasion” from the person who was unable to know his name in front of the Dong/Dong office located in Chuncheon. The Defendant issued Kwikset cards connected to the Defendant’s forestry cooperative account (E) through Kwikset, and transferred the Cock cards, which are electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Each report on internal investigation:

1. The application of Acts and subordinate statutes to respective financial transaction data replys and replies to forestry cooperatives in Chuncheon;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is recognized that the reasons for sentencing of Article 334(1) of the Criminal Procedure Act include: (a) the fact that the defendant's mistake appears to have been repented and reflected; (b) the fact that the defendant seems to have economic difficulty; and (c) the fact that the defendant has no record of the same kind of crime.

However, the instant crime makes it easier to commit the so-called “Sishing” fraud, which is socially problematic.

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