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(영문) 인천지방법원 부천지원 2018.02.22 2018고단15
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium.

At the end of April, 2016, the Defendant registered a limited company B with the name of the Defendant as the representative of the Defendant at the subsidiary tax office, and opened a bank account in the name of B at the National Bank in Bupyeong-si with the name of the borrower, and transferred the passbook, password, cash card, OPT card, etc. opened in the name of B to the name in the name of the borrower who misrepresented the borrower.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification as to whether a suspect lends a passbook);

1. Application of Acts and subordinate statutes on financial transaction information;

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act is not good for the crime of this case for the reason of sentencing of the provisional payment order, the punishment as ordered is determined by comprehensively taking account of the following: (a) the Defendant’s violation of his/her mistake; (b) there is no record of crime; (c) the number of passbook transferred by the Defendant; (d) the circumstances leading up to the transfer of passbook; (e) profits acquired; and (e) the circumstances after the crime.

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