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(영문) 창원지방법원 진주지원 2016.09.07 2015고단1011
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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.

On November 2014, the Defendant transferred the passbook and e-mail card connected to the account of community credit cooperatives (Account Number C) opened in the name of the Defendant in front of the Jinju Foreign Language High School in front of the Jinju Foreign Language High School, 2014-6, to a person who is not in whose name the Defendant transferred the electronic financial access media.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes for verification;

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. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant transferred the means of access under his/her name for the purpose of taking economic benefits, and the means of access appears to have been used for the crime of fraud, etc., the criminal liability of the defendant is not minor, but the defendant is not deemed to have taken economic benefits due to the crime of this case, the defendant does not have the same criminal records, and there are no penal records other than fines, and the defendant has no criminal records other than fines, etc., the punishment shall be determined as ordered by taking into account the circumstances favorable to the defendant and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct.

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