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(영문) 전주지방법원 2017.08.10 2017고단930

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

No person shall transfer any access medium to any third person in using and managing the access medium.

On December 15, 2016, the Defendant sent one cash card, which is an access medium connected to the post office account (D) under one’s name, to Kwikset service and transferred the access medium to the non-titled party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A detailed statement of his/her financial transactions;

1. Application of a copy of an application for subscription and a copy of an inquiry into details of financial transactions;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant appears to have transferred an access medium to obtain additional loans from multiple lending companies in order to repay the principal and interest of the Defendant. The Defendant is punished by a fine, taking into account the following factors: (a) there is no benefit acquired by the instant crime; (b) the Defendant was the initial and misleadingly against the Defendant; and (c) the Defendant’s age, sexual conduct, environment, etc.; and (d) there is no other reason to impose a fine.