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(영문) 서울중앙지방법원 2018.12.26 2018고단6550
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

On June 21, 2018, around 15:30 on June 21, 2018, the Defendant: (a) heard the horses that “the Defendant would lend KRW 10 million to the name in secret from the name in secret in the “CPC room” located on the first floor B of Gwanak-gu, Seoul Special Metropolitan City; (b) received the horses that “the Defendant would pay principal and interest; (c) sent a physical card connected to the SC Bank account in the name of the Defendant, and then sent it to the name in secret through Kwikset service.

As a result, the Defendant transferred the physical card, which is a medium access to electronic financial transactions, to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes on information on financial transactions, investigation reports (attached to data submitted by A), prohibition against the withdrawal of the SC Japan bank, and application of the Acts and subordinate statutes on cutting down CCTV images of the SC Japan bank;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order appears to have been used for the crime of fraud, and there are unfavorable circumstances, such as the fact that the Defendant again committed the instant crime even though he had the record of criminal punishment due to the violation of the Electronic Financial Transactions Act.

However, there are extenuating circumstances, such as the fact that the Defendant recognized the instant crime and appears to be against the Defendant.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence identical to the order shall be determined by comprehensively taking into account all the conditions of sentencing as shown in the instant pleadings.

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