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(영문) 인천지방법원 부천지원 2018.05.24 2018고단858

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

On September 30, 2017, the Defendant transferred (State) national bank account (D) accounts and physical c cards, passwords, and OTP cards connected thereto, which are corporations established by the Defendant in front of the Seocho-gu Seoul Metropolitan Government B 1011, through Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F and G;

1. H’s petition;

1. A list of customer information inquiries and an application for new transactions;

1. Receipts, electronic financial transfer confirmation certificates, inquiries about the results of transfers, details of transactions of deposit and withdrawal, and written confirmation of transfer;

1. Application of the Acts and subordinate statutes on dialogues;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant transferred the approaching medium in return for promise; the nature of the crime is not good; the defendant's transferred access medium is used to commit the crime of Bosing; the circumstances favorable to the fact that the defendant was not agreed with the victims of Bosing: The fact that there was no record of punishment for the same crime; the fact that there was no record of punishment for the same crime; and the fact that there was no record of punishment for the same crime, and the circumstances after the crime, etc., shall be determined as the order by taking into account the various conditions of punishment as indicated in the record and the change theory.