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(영문) 인천지방법원 2016.10.27 2016고단5386
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.

Nevertheless, around May 10, 2016, the Defendant listened to the phrase “if one check is sent, it will deposit KRW 3,00,000,000,000,000.” At around 15:00 of the same month, the Defendant sent the check to the new bank (C) account under the name of the Defendant at Yeonsu-gu Incheon, Yeonsu-gu, Incheon. At around 15:00 of the same month, the Defendant inserted one check connected to the new bank (C) account under the name of the Defendant, into the English book, and then transferred the check to the person under whose name it was named, through Kwikset service articles.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written petition;

1. Application of the written request for financial transaction information and reply statutes;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where an electronic financial transaction is transferred, the safety and reliability of the electronic financial transaction may be harmed, and thus, it is strictly required to punish the means of access transferred by the defendant. In fact, in light of the fact that the means of access has been used for the singinging crime, the crime is not less complicated, but the defendant appears to have an attitude to recognize and reflect the crime, the fact that the defendant was the first offender and was the student at the time of the crime, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and conduct, and environment, as indicated in the records and arguments of this case, shall be determined as the disposition

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