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(영문) 창원지방법원 밀양지원 2017.10.12 2017고단397
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

No person shall transfer any access medium.

Nevertheless, around 13:00 on March 28, 2017, the Defendant promised to receive KRW 3 million in return for the transfer of the check to a person without a name, in front of the Defendant’s house located in Skwikset City B, and delivered one copy of the check connected to the Defendant’s account in the name of the National Bank (C) via Kwikset Service Articles.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

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. In light of the fact that there is no record of punishment prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime, the punishment as ordered shall be determined by taking into account the circumstances constituting the sentencing conditions indicated in the records.

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