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(영문) 전주지방법원 2017.05.26 2016고단2298

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

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, the defendant needs to account because of the problem of tax reduction or exemption in distributing alcoholic beverages.

On August 2, 2016, Kwikset sent cash cards through Kwikset service, “I will give KRW 1 million per day,” and issued Kwikset’s cash cards connected to the post office account in the name of the Defendant to the needy through Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A report on internal investigation (as to attaching photographs, such as telephone details);

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant Article of the Act and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the occupation of transferring access media and the choice of fines);

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

1. Under Article 334(1) of the Criminal Procedure Act, the act of transferring or lending an electronic financial transaction access medium to a third party is likely to cause damage to many and unspecified persons because it can be used for fraud crimes, such as licensing, etc., and the account of the access medium actually transferred by the defendant has been used for fraud.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, and that the defendant has no record of criminal punishment for the same kind of crime.

In addition to the above circumstances and the following circumstances, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.