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(영문) 춘천지방법원 원주지원 2019.05.02 2019고단90

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 November 6, 2018, at around 20:00, the Defendant: (a) received the word “on the front side of the Hoju B apartment, if you send a e-mail card, I would like to carry out a loan by using the e-mail as if you have income by repeating the check money; and (b) sent the e-mail card connected to the Defendant’s bank account (D) through Kwikset service article.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E statements;

1. A list of transactions;

1. Application of statutes on details of financial transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The means of access transferred by the defendant was used for the crimes of singing.

A favorable circumstance: The defendant expected an intangible benefit that he/she can get a loan and transferred the means of access. There are reasons to consider the crime as a crime and an motive in particular.

The defendant transferred one means of access.

The defendant was not able to take advantage of the crime of this case.

There is no record that the defendant is subject to criminal punishment for the first offense.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as