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(영문) 서울서부지방법원 2018.09.18 2018고단2188
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

Criminal facts

No person shall transfer any access medium to the use and management of any access medium used in electronic financial transactions unless otherwise specifically provided for in any other Act.

However, in February 2018, the Defendant: (a) sent to door-to-door sales company selling cosmetics from a person who was named as a policeman on early February 2018; (b) sent a door-to-door sales company selling cosmetics; (c) sent a face-to-door sales company with a face-to-face one per week by transferring the passbook; and (d) consented to the proposal, and then sent a face-to-face card connected with the Defendant’s name bank passbook (Account Number D) from the first floor of the C Hotel located in Jongno-gu Seoul Metropolitan City around 16:0 on the 6th day of the same month, and sent Kwikset service.

Accordingly, the Defendant transferred electronic financial access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Tax inquiries (A5 million won) on transaction details, and the application of Acts and subordinate statutes on financial reply data (A);

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act (excluding punishment);

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

1. Provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act / [favorable circumstances] / The access media leased by the defendant is used for committing the crime of telephone financing fraud [ favorable circumstances] It appears that there is no criminal profit acquired by the defendant, and there is no record of punishment;

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