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(영문) 전주지방법원 2017.08.09 2017고단76
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On November 24, 2016, the Defendant was sentenced to four months by the Jeonju District Court for a violation of the Electronic Financial Transactions Act, and the said judgment became final and conclusive on February 17, 2017.

[Criminal facts] No person may transfer access media in using and managing access media.

At around 15:00 on June 21, 2016, the Defendant heard that he would give KRW 1,000,000 per head of Tong from an infinite bus terminal located in Heung-gu, Seo-gu, Soung-gu, Chungcheongnam-gu, Pung-gu, Pung-si, and that the Defendant as his representative would transfer the access media using a high-speed bus freight with the Defendant’s name, cash card, password, etc. connected to three financial accounts in the name of the limited company C (new bank D, E, NonghyupF), each of which is connected to the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. An application for opening an account;

1. Copy of business registration certificate;

1. A detailed statement of banking transactions;

1. Previous convictions in judgment: A criminal investigation report (related to the progress of a separate trial and confirmation of the acceptance of suspects), and application of statutes of the final and conclusive judgment of Defendant A (No. 2016 No. 1794);

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13929, Jan. 27, 2016) on criminal facts

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

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order established a limited company for the purpose of selling the passbook in the name of the above company without being aware of the fact that the defendant was under the period of probation, and then transfers the passbook in the name of the above company, and the account transferred by the defendant was used on the Internet gambling website is disadvantageous to the defendant.

On the other hand, the defendant shows an attitude against the crime of this case, and is not in economic difficulties.

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