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(영문) 인천지방법원 2015.10.07 2015고단4571

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person may transfer the means of access in using and managing the means of access.

Nevertheless, on the condition that the Defendant received KRW 400,000 won per head of Tong from the deceased, on January 2015, the Defendant transferred the means of access to Kwikju service from the Nongdong-dong-dong-gu, Incheon, 10021687941), 2 times in the name of the Dong-gu, 1407, 1407, 92893, 1407, 1407, 930107, 930829, 93010, 10030527072), 100,000 won per head of Tong-dong-si, 3101620401, 310162040201).

Summary of Evidence

1. Defendant's legal statement;

1. Application of reply materials, written applications for opening of a bank account (1003052707072), details of transactions, written applications for opening of a new bank account (140010792893), details of transactions, written applications for opening of current and former national bank account (9310120829), written applications for opening of current and former national bank account (9310120829), details of transactions, application for opening of an account, and applicable

1. Article 49 (4) 1 of the Electronic Financial Transactions Act and Article 6 (3) 1 of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only a transfer of the means of access for electronic financial transactions, thereby impairing the trust and safety of financial transactions, but also the means of access that has been transferred therefrom, and its nature is not good.

However, considering all kinds of sentencing conditions, such as the defendant's age, character and conduct, environment, motive and circumstances after the crime, etc., which reflects the crime of this case, there is no record of crime, and the age, character, environment, motive and circumstance of the defendant.