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(영문) 서울남부지방법원 2017.08.16 2017고단2342

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or acquire a cash card or a password used in the cash card which is a medium access to electronic financial transactions, a user number registered in a financial institution, etc. or establish a pledge.

Nevertheless, on December 13, 2016, the Defendant received and consented to the proposal that “The head of the Tong and the body card will be paid KRW 2 million on the 15th day of the transfer thereof,” from the person in the name disorder, and then, on the same day, issued and transferred the check card to the company bank account (B) in the name disorder in the name of the Defendant through Kwikset in front of the Seoul Young-gu Office’s neighboring PC room.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s petition;

1. Application of the Acts and subordinate statutes of replys;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 1 (excluding punishment);

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

1. Taking into account the fact that the sentencing of Article 334(1) of the Criminal Procedure Act reflects the error of reason, and that there is no criminal history, etc.