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(영문) 인천지방법원 부천지원 2018.06.21 2018고단649

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

On December 2, 2017, the Defendant: (a) sent the physical card to the Defendant’s name bank account (D) and the password, etc., connected to the Defendant’s name-based Defendant’s home prior to the Defendant’s home (hereinafter “C”); (b) transferred the access media for electronic financial transactions to the Defendant’s name-oriented customer through Kwikset service article, which read, “The Defendant would pay KRW 3 million per each page of the lease of the imported raw materials, which would be used for the reduction or exemption of customs duties, because he handles imported raw materials.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Data on replies to transactions with the National Bank;

1. Application of the Acts and subordinate statutes governing CCTV withdrawals;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant transferred an access medium in return for promise; the nature of the crime is not good; circumstances favorable to the defendant's transfer of the access medium used for the criminal of Bosing: Recognizing the erroneous recognition of and reflects the fact that the defendant made an agreement on payment of KRW 4 million to the victim of Bosing, there is no history of punishment for the same crime; and other various sentencing conditions shown in the records and arguments, such as the motive and circumstance of the crime, family relationship, and circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors.