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(영문) 의정부지방법원 2016.04.11 2015고단4166
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 23, 2015, the Defendant received a proposal that he would pay KRW 150,000 per day in return for the transfer of bank account information and cash card from a person in unsound name. On the same day, in the vicinity of set-off in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, the Defendant sent the Defendant’s bank account (Account Number B) through the bank account (Account Number B) and cash card to a person in unsound name.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecutor with respect to the prosecution;

1. Statement made by the police on the police;

1. A written statement;

1. Police seizure records;

1. Medical certificates and death certificates;

1. Written estimate;

1. A written accusation and a copy of a check;

1. To make entries and their existing entries;

1. Each existing situation under subparagraph 1 of this Article;

1. Previous convictions: Inquiries about criminal history and investigation reports (reports on the results of confirmation of the previous convictions of the disposition and reporting on the date of release);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

1. Under Article 334(1) of the Criminal Procedure Act, lending an electronic financial transaction access medium to a third party due to unfavorable reasons for sentencing of Article 334(1) of the Criminal Procedure Act may cause damage to many and unspecified persons as it can be used for fraudulent crimes, such as licensing, etc. In fact, the account of the access medium lent by the Defendant was used for fraud.

The favorable circumstances include the fact that the defendant recognizes his mistake and reflects his mistake, and that the defendant has no record of being punished for the same kind of crime.

In addition, the above circumstances and the defendant's age, sex, environment, relationship with the victim, motive, means and result of the crime, after the crime.

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