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(영문) 서울중앙지방법원 2017.05.10 2017고정583

전자금융거래법위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding, or promising to receive, demand, or promise to do so.

Nevertheless, at around 17:50 on December 8, 2016, the Defendant received 200,000 won per 1 e-mail card from a person whose name is unknown in front of the branch office in the new path of the Bank in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. Around December 8, 2016, e-mail card No. 2 linked to two bank accounts of the Defendant’s name (B and C) was sent to a person whose name is unknown through Kwikset service articles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a copy of a certificate of deposit verification, inquiry about transaction details, provision of financial transaction information, and monetary details;

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order reflects the Defendant’s mistake, and there is no criminal history to punish the Defendant, the Defendant’s health is not good due to cancer at present, the recipient of basic living environment is difficult, and other factors of sentencing specified in the records and arguments of the instant case are considered.