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(영문) 인천지방법원 부천지원 2017.08.18 2017고정649

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 any medium access to electronic financial transactions.

Nevertheless, on February 20, 2017, the Defendant transferred a physical card, etc. in front of the Defendant’s residence in Kimpo-si B, and transferred the physical card of the Defendant’s name bank account (C) to Kwipo-si, on condition that the Defendant was granted a loan of KRW 15 million, and transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing the statement of transactions automatically paid in cash;

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. In full view of the motive and background of the crime of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as set forth in the text shall be determined by comprehensively taking into account various factors such as the criminal intent, criminal records and similar cases, and the health conditions of the defendant.