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(영문) 창원지방법원 통영지원 2017.05.31 2017고단62
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 any access medium in using and managing the access medium.

Nevertheless, on August 2016, the Defendant received the letter of “2 million won between one month and one month when sending a physical card so that money can be used as an account from the sports territory” from a person in the name of the police officer, and transferred a copy of the physical card connected to the account to the Defendant’s name-unregistered Kwikset service engineer in the street near the Gyeong-gun, Gyeongnam-gun, Gyeongnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A protocol of seizure and a list of seizure;

1. Application of a copy of a seizure card and a copy of passbook;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime with a view to receiving money with knowledge of the possibility that the Defendant might use the access media, such as the bank passbook that the Defendant transferred, etc., while, on the other hand, the Defendant committed the instant crime at a disadvantage of the Defendant, such as the fact that it was discovered before the access media of this case was used for the crime, and was not used for the actual crime, etc., taking into account the circumstances favorable to the Defendant, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime, etc., and determine the punishment as ordered by the Disposition.

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