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(영문) 대구지방법원 서부지원 2016.06.24 2016고단607
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 expressly provided for in any other Act, no person shall transfer any access medium.

Nevertheless, around February 11, 2014, the Defendant agreed to receive KRW 20-3 million per month in return for the transfer of the passbook under the name of the Defendant from the Nam-gu Incheon Metropolitan City (B) in return for the transfer of the passbook, and committed both the above agricultural bank account passbook, the check card, and the password to the name-oriented person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to certificates of deposit 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;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only impairing the safety and trust of financial transactions, but also can be abused as a means of other crimes. The access media transferred by the defendant is also used for actual fraud, etc.

However, in light of the fact that the Defendant led to the instant crime, the primary offender who has no record of the relevant crime, the fact that the Defendant appears to have not actually received the consideration for lending the access media, and other factors, such as the Defendant’s age, family relationship, circumstances after the commission of the instant crime, etc., the punishment as set forth in the text shall be determined by taking into account all of the sentencing conditions

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