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(영문) 전주지방법원 2017.06.16 2017고단711
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium to any third person in using and managing the access medium.

On November 7, 2016, the Defendant transferred the cash card, which is an access medium connected to the account (B) in his name, to a post office registration, at the post office located in Geumcheon-gu, Seoul Special Metropolitan City. The Defendant transferred the access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. The respective texts and statements of C, D, E, F, G, H, I, J, K, L, M, N, P, Q, R, T, T, U, and V;

1. Application of each statute on financial transaction details;

1. Relevant Article of the Act and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the occupation of transferring access media and the choice of fines);

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

1. Under Article 334(1) of the Criminal Procedure Act, the act of transferring or lending an electronic financial transaction access medium to a third party is likely to cause damage to many and unspecified persons because it can be used for fraud crimes, such as licensing, etc., and the account of the access medium actually transferred by the defendant has been used for fraud.

The favorable circumstances include the fact that the defendant recognizes the crime of this case and that the defendant is the first offender.

In addition to the above circumstances and the following circumstances, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.

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