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(영문) 수원지방법원 성남지원 2017.03.22 2016고단724

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer any access medium.

Nevertheless, on August 18, 2015, the Defendant sent a passbook and check card to the new bank account (Account Number: C) in the name of the Defendant under the name of the Defendant, using Kwikset Service, and transferred the access media of financial institutions by receiving one million won per month in return.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to bank transfer receipts, a statement of transactions, and a statement of subscription;

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 media to another person on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order may cause damage to many and unspecified persons because it can be used for fraudulent crimes, such as Bosing, etc., the account of the access media actually transferred by the defendant is used for fraudulent crimes, taking into account the circumstances favorable to the defendant, such as the fact that the defendant has no record of identical crimes, and taking into account the defendant's age, sex, sex, environment, motive, means and consequence of the crime, etc., and taking into account the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, etc., set forth in the records of this case as the order.