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(영문) 청주지방법원 제천지원 2015.11.12 2015고단462

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 may transfer or acquire a means of access in using and managing the means of access.

Nevertheless, on June 2015, the Defendant transferred the means of access by Kwikset through Kwikset Service, a physical card connected to the one bank account (Account Number: C) opened in the name of the Defendant on the front side of the apartment apartment B in Incheon-si, the Defendant would receive KRW 2 million from the person in default of his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes, such as a passbook receipt, a detailed statement on transactions, a statement on financial transactions, and an inquiry about the financial property transaction status;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment provided that the defendant promised to receive compensation and transferred the means of access. In light of the fact that the transferred means of access can be abused for crimes such as singing, etc., the defendant's act is highly unfavorable to the defendant, and the defendant's act is only one, and the account of the means of access transferred by the defendant is only one, and the confession and reflects the crime in this case, and there is no previous conviction in favor of the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.