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(영문) 서울중앙지방법원 2017.04.19 2017고단582
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On February 8, 2017, the Defendant was sentenced to imprisonment with prison labor for 10 months for a violation of the National Sports Promotion Act (replacement, etc.) at the Seoul Central District Court on February 8, 2017 and the said judgment was finalized on February 16, 2017.

On November 2, 2015, the Defendant: (a) received 800,000 won of the purchase price of access at the D coffee shop located in Dongjak-gu Seoul Metropolitan Government as the purchase price from the non-titled person; and (b) transferred a accessible medium, such as passbook and OTP card connected to the Defendant’s name bank account (E) to the Defendant’s name; and (c) transferred the access medium used for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Instructions on specific financial transaction information and reply to a warrant;

1. Previous convictions in the judgment: The application of a copy of the relevant indictment, the conet case search and text of the judgment (ex officio No. 1 and 2 of the evidence list) to the Seoul Central District Court 2016 High Order 8803 High Order 8803

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment provided for in the above crime concerning a passbook connected to the account of a national bank with the largest criminal situation among the crimes of violation of the Electronic Financial Transactions Act by each approaching medium, and the punishment provided for in the above crime);

1. Selection of an alternative fine to be imposed (the court shall take into account the circumstances, such as the defendant's acknowledgement of all criminal facts and the fact that the defendant has no criminal history in the same kind);

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

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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