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(영문) 청주지방법원 영동지원 2018.07.12 2018고단67

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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, on January 31, 2018, the Defendant sent a physical card connected to the No. 3 (B) account opened in the name of the Defendant through Kwikset service article that sent the physical card and sent by the unsatisf who received the loan to the unsatisfying liquor company. On January 31, 2018, the Defendant notified the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. Application of deposit details and Acts and subordinate statutes concerning the provision of financial transaction information;

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;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Any unfavorable circumstance] The transfer of an access medium for electronic financial transactions, such as the instant crime, can be used as a means of other crimes, and the nature of the crime is not somewhat weak.

In fact, the access media transferred by the defendant was used for other crimes.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

The crime of this case was committed once, and the defendant seems to have failed to gain particular benefits.

Defendant did not directly participate in other crimes than the instant crime.

I seem to appear.

A defendant has no record of criminal punishment by committing the same kind of crime.

In addition, the sentencing conditions, etc. revealed in the trial process of this case, including the defendant's age and reputation, character and health status, environment and family relationship, motive and means of the crime, and circumstances after the crime, shall be determined like the order.