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(영문) 수원지방법원 2017.12.21 2017고단6827

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

The Defendant sent a test card to create documents to arrange the import details and transaction details so that the Defendant can obtain loans.

On July 19, 2017, around 17:30 on July 19, 2017, Kwikset service article sent by the non-persons of name in front of the exit 4 in Seocho-gu Seoul, Seocho-gu, to the article of Kwikset service, who is linked to the name of the defendant's bank account in the name of the defendant, and sent a face-to-face of access for the purpose of use for crime by informing the non-name of the identification number by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the specifications of deposit transactions and details of transactions Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 (excluding punishment);

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant: (b) made documents by manipulating the import details and transaction details; (c) knowingly delivered access media to be used for illegal purposes; (d) the Defendant’s access media delivered by the Defendant was used for licensing crimes, which are disadvantageous to the Defendant.

On the other hand, the fact that the defendant reflects the mistake, that the defendant has no record of punishment for the same crime, and that there is no criminal record exceeding the fine, and that there is no economic benefit of the defendant.

The sentencing conditions specified in the records and arguments, such as the defendant's age, sexual conduct, environment, circumstances after the crime, and circumstances after the crime, shall be determined as ordered by considering the above circumstances.