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(영문) 전주지방법원 2013.06.26 2013고정234
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant sent a passbook and check card under the name of the Defendant to Kwikset service to a person whose name is not known in the Bupyeong-gu Incheon, Incheon, and received KRW 1.50,00 in return.

Accordingly, the Defendant transferred the passbook and physical card, which is the means of electronic financial transactions.

Summary of Evidence

1. Statement of examination of the police suspect against the accused;

1. C’s statement;

1. Application of replies to requests for financial transaction information;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the Defendant was absent on two consecutive occasions (on June 12, 2013, June 26, 2013) on the date of trial, and revised the trial date without the attendance of the Defendant pursuant to Articles 458(2) and 365 of the Criminal Procedure Act.

According to the above evidence, in light of the facts found in the judgment of the defendant, and the circumstances of this case, the fines specified in the summary order cannot be deemed to be heavy, and thus the defendant shall be sentenced to the punishment as set forth in the order.

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