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(영문) 청주지방법원 영동지원 2018.07.12 2018고단66
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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, the Defendant, at around November 2017, sent the C cafeteria card to the “C cafeteria” located in Chungcheongnam-dong B, Chungcheongnam-dong, Chungcheongnam-dong, 2017, and demanded the C Trakkset to post a telephone and provide a loan. As such, the Defendant sent the C cafeteria card to the Defendant through Kwikset’s service article, and sent it to the new cooperation account (D) that was opened in the name of the Defendant.

Summary of Evidence

1. Statement prepared by the defendant in court;

1. Application of Acts and subordinate statutes to an application for opening an account and a statement of transactions;

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;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Any unfavorable circumstance] The transfer of an access medium for electronic financial transactions, such as the instant crime, can be used as a means of other crimes, and the nature of the crime is not somewhat weak.

In fact, the access media transferred by the defendant was used for other crimes.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

The crime of this case was committed once, and the defendant seems to have failed to gain particular benefits.

Defendant did not directly participate in other crimes than the instant crime.

I seem to appear.

In addition to the punishment of a fine once for the crime of foreign species in 1999, the defendant has no record of criminal punishment other than the punishment of a fine.

In addition, the sentencing conditions, etc. revealed in the trial process of this case, including the defendant's age and reputation, character and health status, environment and family relationship, motive and means of the crime, and circumstances after the crime, shall be determined like the order.

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