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(영문) 대구지방법원 서부지원 2018.06.05 2017고단2332

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

On July 4, 2017, the defendant is a "C employee" from a person who is in the name of the defendant and needs to account because of tax reduction.

When sending the head of the Tong or postal card, 3 million won shall be paid per month of the account.

“A mobile phone letter to the purport that “” received a mobile phone text and contacted the person in whose name the name was omitted, and then delivered one physical card connected to Defendant’s corporate bank account (D) through Kwikset’s service and one physical card connected to Defendant’s Nonghyup Bank account (E).

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of the accused (including attached documents);

1. A written statement;

1. Application of details of transaction records, replys to financial transactions, and statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of an alternative fine for 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 of the Criminal Procedure Act is that the defendant repents his mistake and reflects his wrong, the defendant has no record of criminal punishment except that sentenced to a fine (one million won) by a traffic law violation (driving driving) for more than ten years, and it seems that there are some other circumstances that may be taken into account the circumstances leading to the instant crime, such as deceiving the name of the defendant India who was not the name of the defendant, and that there are some other circumstances that may be conditions for sentencing such as the defendant's age, economic situation, etc.