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(영문) 대전지방법원 2016.11.11 2016고정566
전자금융거래법위반
Text

1. The defendant shall be punished by a fine of five hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On January 7, 2016, the Defendant sent the cash cards and passwords associated with the passbook(Account Number C) under the name of the Defendant to the bearer, according to the proposal of the under-paid person who wants to get a loan of KRW 20 million in front of Dobong-gu Seoul, Dobong-gu, Seoul, to Kwikset service.

Accordingly, the Defendant transferred the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement, a statement of deposit and withdrawal transactions, and the application of Acts and subordinate statutes governing banking data;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the means of access transferred by the defendant is actually used for committing the crime, and multiple victims are disadvantageous to the defendant.

However, the fact that the defendant is against himself/herself, the defendant transferred the means of access according to his/her talk in the economic difficulties, and the defendant seems to have no profit from the crime of this case, the defendant raises his/her aged child due to negligence after divorce, and the defendant is the first offender who has no criminal power, etc. are favorable to the defendant.

In full view of these circumstances and other circumstances, the sentencing conditions as shown in the record and arguments are determined as ordered by the court, taking into account the amount of the fine imposed by this court and the national courts in similar cases.

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