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(영문) 창원지방법원 진주지원 2015.11.10 2015고단966
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

No person shall transfer or acquire any electronic financial access medium to any third person.

Nevertheless, at around 17:30 on April 21, 2015, the Defendant transferred a cash card connected to a new bank account (Account Number B) opened in the name of the Defendant in front of a LH5 apartment apartment, a new bank account opened in the name of the Defendant, a new bank account in the name of the Defendant at Jinju-si, a new city-ro 70, and transferred an electronic financial access medium.

Summary of Evidence

1. Defendant's legal statement;

1. C’s authentic statements and written statements;

1. Application of a copy of deposit certificate, a certificate of transfer transaction and facsimile document;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she was sentenced to suspension of indictment once due to the same kind of crime, the Defendant’s liability for the crime does not fall short of the punishment.

However, in full view of the following circumstances: (a) the Defendant is against the time of committing the instant crime; (b) there is no criminal record other than the above suspension of indictment; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (d) other circumstances constituting the conditions for sentencing as shown in the pleadings of the instant case, such as the circumstances after

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