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(영문) 청주지방법원 영동지원 2018.10.02 2018고단109
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall transfer the access medium in using and managing the access medium under the Electronic Financial Transactions Act.

Nevertheless, on January 22, 2018, the Defendant sent a e-mail card and password to create a Masp passbook from a person in the name of the Defendant. On January 22, 2018, the Defendant transferred a e-mail access medium by means of delivering one e-mail card connected to the Saemaul Savings Depository (Account Number (Account Number (B) in the name of the Defendant at a post office between 1665 and e-mail-dong, Young-dong, Chungcheongnam-dong, Chungcheongnam-dong, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement prepared by D, E, or F;

1. Application of the reply-related Acts and subordinate statutes;

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;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Any unfavorable circumstance] The transfer of an access medium for electronic financial transactions, such as the instant crime, can be used as a means of other crimes, and the nature of the crime is not somewhat weak.

In fact, the access media transferred by the defendant was used for other crimes, and there were many victims.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

The crime of this case was committed once, and the defendant seems to have failed to gain particular benefits.

Defendant did not directly participate in other crimes than the instant crime.

I seem to appear.

In addition to the punishment of a fine once for the crime of foreign species in 2007, the defendant has no record of criminal punishment other than the punishment of a fine.

In addition, the defendant's age, reputation, health status, environment and family relationship, motive and means of the crime, and circumstances after the crime are included in the trial process of this case.

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