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(영문) 대전지방법원 천안지원 2017.03.23 2016고단2406

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium used in electronic financial transactions in using or managing such medium.

Nevertheless, on August 19, 2016, the Defendant: (a) received a proposal and accepted it; and (b) transferred one cash card connected to the company bank account (B) in the name of the Defendant to the company in the name of the Defendant in the old-gu, Seo-gu, Seo-gu, Seo-gu; (c) around 17:00 on the same day, around 17:00, the Defendant transferred one cash card connected to the company bank account (B) in the name of the Defendant to Kwikset.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. The application of Acts and subordinate statutes to the response to financial information (IBK Bank);

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;

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

1. Taking into account the following factors: (a) the first offense for sentencing under Article 334(1) of the Criminal Procedure Act is the first offense for the order of provisional payment; and (b) the fact that the commission of a crime and the commission of mistake are against each other