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(영문) 서울동부지방법원 2018.02.13 2018고정92

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

Nevertheless, around 14:00 on August 7, 2017, the Defendant sought from a person infinite name in the vicinity of the street in Gangnam-gu, Seoul, Gangnam-gu, Seoul, for the use of a sports soil in a foreign country because it is difficult to exchange it abroad.

5% of the amount that has been withdrawn shall be paid when the money has been deposited in the paid card.

In order to pay 5% of the amount to be withdrawn by using the check card in the name of the party under the pretext of security, the check was received and the check was transferred to the above person in the name of the defendant under the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on response to financial information;

1. The pertinent Article of the Act on Criminal facts and Article 49 (4) 2 of the Act on Electronic Financial Transactions in which punishment is selected is written as “Article 49 (4) 3 of the Electronic Financial Transactions Act,” but it is obvious that “Article 49 (4) 2 of the Electronic Financial Transactions Act is a clerical error in the context of “Article 49 (4) 2 of the Electronic Financial Transactions Act,” so it is ex officio.

Article 6(3)3, Selection of a fine

1. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act (hereinafter “the Act”) of the Trade Union and Labor Relations Inducement Act provides that not only harm the trust and safety of financial transactions, but also allowing access media transferred by the crime to be used for various criminal acts. Thus, the nature of the crime is not somewhat weak, and the defendant has no criminal history to impose any criminal punishment, and the punishment is determined as ordered in light of the sentencing conditions set forth in the trial of this case.