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(영문) 의정부지방법원 2016.05.17 2016고정142
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On July 17, 2015, the Defendant was sentenced to one year to imprisonment with prison labor due to an injury, etc. by the District Court of the Republic of Korea, and the said judgment became final and conclusive on December 24, 2015.

Except as otherwise expressly provided for in other Acts and subordinate statutes, no one shall transfer, acquire, or establish a pledge on any access medium, such as an electronic card, which is used to issue instructions on transactions or to secure the authenticity and accuracy of users and the details of transactions.

Nevertheless, on March 25, 2015, the Defendant lent a passbook and a card to the needy and promised to receive the price in return, and transferred the passbook to the needy through Kwikset service in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

1. Details of transactions of deposits and withdrawals;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (the confirmation of the case during the trial), and application of the text of the judgment;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The sentence was imposed in consideration of equity in the case where the judgment of reasons for sentencing was rendered simultaneously with the previous conviction of Article 334(1) of the Criminal Procedure Act, which became final and conclusive.

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