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(영문) 서울동부지방법원 2017.11.21 2017고정1429
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer a medium of access under the Electronic Financial Transactions Act in using or managing such medium.

Nevertheless, on May 2017, the Defendant received 30 to 50,000 won from a person who was in an infinite's name at a place where he was infinite, and delivered a new bank account (B) in the name of the Defendant, which is an access medium, and a physical card to a person who was infinite's name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the details of remittance by the actual owner, and the details of seizure of a new bank account under A;

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. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act (hereinafter “the Act”) of the Trade Union and Labor Relations Inducement Act provides that not only harm the trust and safety of financial transactions, but also allowing access media transferred by the crime to be used for various criminal acts. Thus, the nature of the crime is not somewhat weak, and the defendant has no criminal history to impose any criminal punishment, and the punishment is determined as ordered in light of the sentencing conditions set forth in the trial of this case.

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