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(영문) 인천지방법원 2017.06.09 2017고단2520

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium.

Nevertheless, on June 29, 2016, the Defendant transferred one physical card, each linked to the post office account (C) in the name of the Defendant, the representative of which is Kwikset through Kwikset Service, and to the name in the name in the name of Kwikset Service, and added a password.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions in post office accounts and personal information (net 14);

1. Each investigation report (applicable to Acts and subordinate statutes 41, 42, 43, 44, 45, 47 on a net basis);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act recognizes and reflects the crime late following the reason for sentencing, the actual profit gained from the crime of this case seems to exist, and the criminal records of the same kind of crime are to be punished by a fine, taking into account the fact that there is no record of punishment. However, the amount of the fine shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, family environment, and circumstances after the crime, which are the conditions for the punishment revealed in this case, other than the above favorable circumstances (it shall be considered that the crime was committed during the period of repeated crime even though multiple criminal records have been committed) and other circumstances, such as the defendant's age, sex, family environment, and the circumstances after the crime (it shall be considered that