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(영문) 수원지방법원 2017.04.12 2017고단83
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

On August 30, 2016, the Defendant: (a) transferred a cash card, which is linked to the Credit Union (B) account in the name of the Defendant, to the non-party on August 30, 2016, within the Korea Teachers and Staff Mutual Aid Association, and KRW 3 million from the non-party; and (b) through Kwikset Service Articles, one cash card connected to the Credit Union (B) account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes on the copies of financial transactions with the principal, detailed statement of transactions by account, and bank answer data;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine for punishment;

1. Taking into account the following: (a) there was a history of having been sentenced to the suspension of indictment for the same kind of crime for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) transfer of access media under the Electronic Financial Transactions Act becomes a means to facilitate other crimes against many and unspecified persons, such as scaming, etc.; (c) the cash card offered by the Defendant was used for the scaming crime in which the Defendant actually scamed; and (d) the Defendant’s mistake is against the Defendant.

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