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(영문) 인천지방법원 부천지원 2016.01.21 2015고단3280
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 September 2, 2015, the Defendant transferred physical cards connected to the Defendant’s name bank account (D) to Kwikset Service before the Defendant’s working in Nam-gu Incheon, Incheon, Seoul, and notified the password of the account number and physical cards through mobile phones on the same day.

Accordingly, the defendant transferred an electronic type card used to give instructions for transaction in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details, and a password necessary to use it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Details of new bank account transactions, certificates of transfer, certificates of confirmation of transfer, each investigation report, each request for financial transaction information, response to the provision of financial transaction information, (A) provision-(F account), requests for provision of financial transaction information, response to requests for cooperation in investigation, notification of requests for provision of communication data, requests for provision of communication data, each ctv video data, response to requests for provision of communication data, and the application of each of the Acts and subordinate statutes of the case (a copy);

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include: (a) the accused recognizes the facts charged and reflects the sentencing; (b) the number of access media transferred by the accused is not much; and (c) the accused has no record of punishment for the same kind of crime, etc., the decision to choose a fine rather than imprisonment and determine the punishment as ordered.

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