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(영문) 대구지방법원 2016.07.07 2016고단2078
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any means of access for electronic financial transactions.

Nevertheless, from October 10 to May 15 of the same month, the Defendant received the Kakao Stockholm message to the effect that “the head of the Tong, etc. will transfer the Tong, etc.,” from the person in the name of the deceased, and received it, and then sent one head of Tong and one physical card connected to the post office account in the name of the Defendant (number C): Kwikset’s service.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on applications and details of transactions of post office deposits;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the Defendant’s primary offender, and the violation of the instant crime, shall be determined by the fine, taking into account the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., by taking into account the following factors:

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