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(영문) 청주지방법원 영동지원 2018.02.08 2017고단179

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 the access medium in using and managing the access medium under the Electronic Financial Transactions Act.

Nevertheless, on February 7, 2017, the Defendant sent a 7 million won card and password to the non-nameless person from around 15:00, and sent a passbook and a kwikset through Kwikset-gun apartment in the name of the Defendant in the west-gun B apartment in the name of the Defendant, and sent a passbook and a kwikset through Kwikset-gun's bank account in the name of the Defendant.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to response to financial account transaction information (D, A, and E);

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.

In fact, the access media transferred by the defendant seems to have been used for other crimes.

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

The instant crime was committed once more, and the Defendant did not directly participate in other crimes than the instant crime.

I seem to appear.

The defendant has no record of being punished for the same crime until now, and even for the same crime, there is no record of being punished heavier than a fine.

In addition, the sentencing conditions, etc. revealed in the trial process of this case, including the defendant's age, reputation, character and conduct, environment, family relationship, and circumstances after the crime, shall be determined as ordered.