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(영문) 대전지방법원 천안지원 2018.11.19 2018고단1456
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 acquire a password, a user number, etc. registered with a financial institution or an electronic financial institution, or establish a pledge necessary for the use of an electronic card or an electronic card, which is a medium access to electronic financial transactions.

On January 9, 2018, the Defendant: (a) transferred the access media to the financial account to acquire cash from a person without his/her name to a third party on the following grounds: (b) on January 14:00, 201; (c) upon receipt of a proposal, the Defendant transferred the personal bank account in the name of the Defendant to a third party; and (d) transferred the personal card and password, which is an access medium to the national bank account in the name of the Defendant, in the name of the third party, to the third party, using Kwikkset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of a copy of a certificate of remittance confirmation;

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 (excluding punishment);

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

1. The access media transferred by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was used to commit fraud and the victim was generated.

However, the defendant's mistake is recognized.

The defendant has no history of criminal punishment.

In addition, the punishment shall be determined as per the order by comprehensively taking into account various factors of sentencing as shown in the arguments of this case, such as the defendant's age, sex, family relationship, etc.

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