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(영문) 대구지방법원 서부지원 2018.10.16 2017고단3171
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On October 11, 2017, at around 10:00, the Defendant, “Around 10:00,” “B,” from a person infinite name who assumes the staff of an overseas business team, would give KRW 2.5 million per account when the account is required to reduce or exempt taxes.”

“Around 16:00 on the same day, Kwikset service sent a copy of the C Bank account opened in the name of the Defendant to Kwikset-based account (E) opened in the name of the Defendant, without securing at all the means of ensuring that the fraud by using another person’s account is character, even though it is well aware that the fraud by using another person’s account is character.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the F and a statement of victims;

1. Application of Acts and subordinate statutes on financial transactions, inquiry of customer information, details of transactions, and copies of passbooks;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

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

1. In light of the fact that the act of transferring media access to the sentencing of Article 334(1) of the Criminal Procedure Act is abused as a means of another crime, it is necessary to strictly punish the Defendant.

However, in full view of all the circumstances, such as the fact that the defendant's mistake is recognized and the defendant complained against his mistake and does not repeat the crime, the first offender, the economic situation is difficult, the circumstances of the crime, etc., the sentence is pronounced as ordered.

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