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(영문) 서울중앙지방법원 2017.10.16 2017고정2703
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On April 19, 2016, the Defendant was sentenced to a suspended sentence of ten months for habitual fraud at the Seoul Central District Court, and on February 24, 2017, the said judgment became final and conclusive.

[Criminal facts] No person may transfer or acquire access media in using and managing access media.

Nevertheless, during 2016, the Defendant received KRW 300,00 from the person in an infinite name, and delivered the passbook and cash card, which are the access media of the SC Bank Account (G) in the name of the Defendant, to the person in an infinite’s name, and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A certificate of confirmation of transfer of Internet banking;

1. A list of customer information inquiries about the consolidated account immediately before and after the account used for committing the crime;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 concerning the order of provisional payment;

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