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(영문) 인천지방법원 2019.05.29 2019고단815
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of access, no one may transfer the means of access unless otherwise specifically provided for in other Acts.

On September 20, 2018, at around 11:08, the Defendant: (a) received the letter, “I am frecibly off money that needs to be closed on a year-to-day basis; (b) I am to run up to KRW 300-30 million on a personal monthly basis; (c) I am to contact the person in the name and send the check card to the person in the name of the Defendant; and (d) at around 16:30 on the same day, I am to transfer the check to the person in the name of the Defendant via Kwikset Service Articles.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the written petition and the written statement of D;

1. Application of details of transactions and Acts and subordinate statutes governing account replys;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is high risk of using the means of access as a means of other crime, such as singing, etc., and the Defendant transferred the means of access in this case again even though there was the enemy who was investigated by an investigation agency due to the crime of violating the Electronic Financial Transactions Act by means of the transfer of means of access around 201. The Defendant appears to have sufficiently known the illegality of the instant crime; on the other hand, the Defendant is against the instant crime; on the other hand, the first offender is the number of means of access transferred by the Defendant; the number of the means of access transferred by the Defendant; the motive and background of the instant crime; the motive and method of the instant crime; the method and method of the instant crime; and other circumstances after the crime, etc., the sentence identical to the order shall be determined by taking

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