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(영문) 대전지방법원 논산지원 2017.01.17 2016고단585
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 or take over any electronic financial transaction access medium in order to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on May 19, 2016, the Defendant transferred 1,500,000 won and 1,50,000 won in cash in return for the transfer of 1,50,000 won and 1,000,000 won in return for the transfer of 1,50,000 won per head of the Tong in front of the Crasstong in the mountain of the mountain of the mountain of the Republic of Korea.

However, due to the lack of evidence of reinforcement, only indictment against the Nong Bank account (D). A physical card connected to the passbook was transferred to a person whose name is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, and I;

1. Each transfer receipt, each statement of withdrawal, and the details of the results of transfer;

1. Application of Acts and subordinate statutes to data by cutting down letters and text contents;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order can be abused as a means of other crimes as well as impairing the safety and trust of financial transaction, and the card transferred by the defendant is also used for actual fraud. In light of the fact that the card transferred by the defendant was used for actual fraud, it is necessary to strictly punish the defendant.

However, considering the fact that the defendant reflects the wrong, the first offender, the age, sexual conduct, environment, circumstances of the crime, the result of the crime, the circumstances after the crime, etc., the punishment as set forth in the text shall be determined by taking into account all the sentencing conditions as shown in the arguments in this case.

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