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Reasons
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(영문) 인천지방법원 2014.10.02 2014고단4898
사문서위조등
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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

- No person shall transfer or acquire any means of access for electronic financial transactions.

However, B received a proposal that the transfer of the means of access, such as passbook and cash card, from the person who became aware of through the Internet, B would offer 400,000 won per unit, and suggested C to gather passbook and cash card from the person who knows that he knows it.

C In accordance with the above proposal B, the defendant and D, E, and F were requested to make a 200,000 won per opening with the passbook and cash card.

On March 2014, the Defendant issued a post office passbook and cash card in his name to C upon the above request.

C The cash card, etc. received from the Defendant was put in the custody of the Bupyeong-gu office building located in the Bupyeong-gu Incheon Bupyeong-gu Office, and then the storage box password was notified to B, and B was again notified to the needy.

After all, the Defendant conspired with C and B to transfer the means of access, such as a passbook for electronic financial transactions and a cash card, to the needy party.

Summary of Evidence

1. The defendant and C's legal statement

1. Each prosecutor's protocol of interrogation of the accused, D, B, and C;

1. Police suspect interrogation protocol regarding E;

1. Each police statement concerning G and D;

1. A statement of H, I, and J;

1. Application of each authentic document, money transfer details, and Acts and subordinate statutes of the detailed statement of transactions;

1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act concerning criminal facts, and Article 30 of the Criminal Act;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

2. Determination of sentence: Fine of two million won; and

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