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(영문) 전주지방법원 2017.03.20 2017고단21
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

On October 18, 2016, at around 15:00, the Defendant listened to the phrase that he grants 402,000,000 won to a person in a name-free situation, from a person in a name-free situation, the Defendant transferred the cash card, which is an access medium connected to the new bank account (C) in the name of the Defendant, and post office account (D, E).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to photograph the details of transactions, and the contents of text messages received through the public offering of passbooks;

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 Concurrent Crimes (the punishment imposed on a violation of the Electronic Financial Transactions Act due to the transfer of access media connected to the new bank account in the holding of the largest offense)

1. Selection of an alternative fine for punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that an act of transferring electronic financial transaction access media to another person on the grounds of sentencing of the order of provisional payment may cause damage to many and unspecified persons because it can be used for a crime. Of three copies of the access media actually transferred by the Defendant, one of the accounts connected to the Defendant was used for fraud, and the sentencing conditions unfavorable to the Defendant are satisfied.

However, the defendant, as the disabled of the third degree in mental delay, seems to have somewhat fall in social judgment ability compared to the general public, has no record of punishment exceeding the same kind of power and fine, confession and reflects the crime, etc., are subject to a fine by taking into account all the sentencing conditions favorable to the defendant, such as the defendant's age, sexual conduct, and circumstances after the crime, etc.

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