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(영문) 수원지방법원 2018.06.14 2017고단5333
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 expressly provided for in other Acts, no person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, on May 12, 2017, at around 18:00, the Defendant sent a physical card linked to the bank account from a person in a name in a name-free situation to the bank account in front of the C's stopping place in Suwon-si, Suwon-si, the Defendant sent the physical card and password connected to the national bank account in the name of the Defendant through Kwikset Service Articles.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on reply to warrants;

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 act of transferring the electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only a serious crime that not only undermines the trust in the electronic financial transaction, but also causes damage to many victims by using the transferred access medium for a criminal act such as telecommunications financing fraud.

The defendant's transfer of access media has been abused in criminal acts and has caused damage.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined as ordered by taking into account the fact that the defendant's mistake is recognized, there is no benefit acquired by the crime, and there is no record of criminal punishment.

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