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(영문) 청주지방법원 영동지원 2017.05.11 2017고단26
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

Except as otherwise provided for in any other Act, no one shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on November 2016, the Defendant, using bus freight from the Military Service Bus Terminal, notified the name-free person of the phone number to the KEB account in the name of the Defendant, using the bus freight, and transferred the password by the phone call.

Accordingly, the defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of a transfer confirmation certificate;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the transfer of an access medium for electronic financial transactions, such as the instant crime, can be used as another means of crime, and the nature of such crime is not somewhat weak.

In fact, the access media transferred by the defendant was used for other crimes, resulting in damage.

However, on the other hand, the crime of this case was limited to once, and the defendant seems to have no profit derived therefrom, and it does not seem that he directly participated in other crimes than the crime of this case.

The Defendant was committed by committing the instant crime, and his mistake is divided.

There was no criminal history of criminal punishment against the defendant.

The above punishment shall be determined as ordered in consideration of the conditions of sentencing, the level of punishment, etc. of all similar cases revealed in the course of the trial of this case, which are disadvantageous or favorable to the defendant.

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