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(영문) 청주지방법원 영동지원 2018.05.10 2018고단18

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 provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, the Defendant was aware of the peace around June 2017.

On July 5, 2017, at around 10:00, at the request of C to give KRW 1.5 million on the face of the passbook, the head of the Tong, the head of the Tong, the head of the Tong, the head of the Dong, the head of the Dong, the head of the Dong, and the head of the Si/Gun, the head of the Dong, the head of the Dong, the head of the Dong, and the head of the Gu, the head of the Dong, the head of the Dong, the head of the Dong, the head of the Dong, the head of the Dong, the head of the Dong, the head of the Dong, the head of the Dong, and the head of the OTP

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to each investigation report and the documents attached thereto;

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;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Any unfavorable circumstance] The transfer of an access medium for electronic financial transactions, such as the instant crime, can be used as a means of other crimes, and the nature of the crime is not somewhat weak.

The Defendant acquired compensation for the instant crime.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

In addition, the access media transferred by the defendant was not used for another crime.

A defendant has no record of criminal punishment other than a fine imposed once for an alien crime, and has no record of criminal punishment.

In addition, the sentencing conditions, etc. revealed in the trial process of this case, including the defendant's age and reputation, character and health status, environment and family relationship, motive and means of the crime, and circumstances after the crime, shall be determined like the order.