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(영문) 의정부지방법원 2018.07.12 2018고단1312
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In the session of Dongdaemun-gu Seoul Metropolitan Government on September 25, 2017, the Defendant would pay the amount equivalent to 7% of the transaction amount using the above account at around September 25, 2017, if he/she considers that he/she transfers overseas funds from his/her name-free person.

“The proposal received and accepted it, and then sent a physical card connected to the new bank account (B) in the name of the accused to the name in the name of the accused, one physical card connected to the bank account (C) account in the name of the accused, one physical card connected to the national bank account (C) account, and the password was known.

As above, the Defendant transferred two copies of access media necessary for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Attachment: Details of the Kakao Stockholm conversation, and division: The details of transactions on a national bank account, and application of Acts and subordinate statutes on personal financial transactions;

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 Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, under the conditions below a fine of two million won.

The circumstances unfavorable: The circumstances favorable to the point that the victim was incurred due to the account lent by the defendant: The confession of the crime of this case and the first crime;

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