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(영문) 대구지방법원 포항지원 2016.08.11 2016고단465
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer any access medium while using or managing the access medium, unless otherwise specifically provided for in other Acts.

However, on April 2, 2015, the Defendant heard the horses by a person who is unable to know that “if the head of a Tong is sold, the head of the Tong will be paid KRW 3 million per month” at the Masan apartment of Masan-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and sent the passbook and the check card connected to the account of the Suhyup Bank (Account Number B) under the name of the Defendant, to an article on which the name of the Defendant could not be known.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Inquiries into detailed transactions;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of detailed information on suspect A's failure to file cases);

1. Relevant law and Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and Trade for Which punishment is selected, selection of a fine concerning facts constituting an offense;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The head of a Tong, etc. transferred by the defendant has caused damage by being used for the criminal act of Bosing, and circumstances favorable to the defendant that the defendant transferred another deposit account prior to the instant case and caused damage to the victim: The defendant is aware of the crime, and the defendant reflects the wrong fact; the crime of this case appears to have failed to gain particular benefits; the defendant is deemed to have been punished once by a fine for other types of crimes; and there is no other penalty history except for those subject to a fine.

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