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(영문) 창원지방법원 2017.01.24 2016고단3476
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 2016, the Defendant: (a) received a text message from a person who was in the name of a police officer in the name of the Defendant, stating that “The Defendant would pay money equivalent to the difference in the face value of the passbook because of money exchange commission; (b) borrowed the passbook, etc. to lend the passbook, etc.; and (c) lent the accessible medium by sending one passbook to the one bank account (B) in the name of the Defendant in the name of the Defendant through the cargo line from the bus terminal located in Kimhae-si, Kimhae-si, to receive the price by sending the passbook 1, one check to the one in the name of the Defendant, and one in the body card, and one in which the password number is written.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Data about inquiries about the results of transfer and response to electronic financial transaction information;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)2 and 6(3)2 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines (the confession and reflectability of the defendant, the primary crime, and the circumstances, etc. of the crime in this case);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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