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(영문) 서울북부지방법원 2018.03.22 2018고정138
횡령등
Text

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

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

Reasons

Punishment of the crime

[B] On June 15, 2017, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Northern District Court, and the judgment became final and conclusive on October 27, 2017.

[Criminal facts]

1. Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall transfer or acquire any access medium;

Nevertheless, around August 30, 2016, the Defendant transferred the access media by using Kwikset service with the physical card connected to the Kwikset's account (Account Number B) on the street in front of the Kwik-dong comprehensive bus terminal located in the Shin-dong, Shin-dong, Chungcheongnam-si.

2. On August 31, 2016, the Defendant, as indicated in the above 1.1., transferred e.g., e., e., the e., the e.g., the e., the e., the e.g., the e., the e., the e.g., the e., the e., the e., the e.g. e., the e., the e., the e., the e., the e., the e

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Account transactions;

1. Previous convictions: A reply to inquiries, such as criminal history, written judgments, and application of search-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions (a violation of the Electronic Financial Transactions Act), Article 355 (1) of the Criminal Act (a violation of the Electronic Financial Transactions Act), and the selection of fines, respectively;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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