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(영문) 대구지방법원 2017.04.13 2017고단609
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

Nevertheless, at around 13:00 on October 6, 2016, the Defendant accepted the communication that “I will invite a borrowed account for the benefit of tax reduction and exemption and return of funds, and will offer KRW 2,00,000 per one head of the Tong at the face of the transfer of the head of the Tong,” and sent one check card connected to the national bank account (number C) in the name of the Defendant and one check card connected to the post office account (number D) to the above person, respectively.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy and written statement of E preparation;

1. Details of account transfer, public receipts, search and seizure verification warrant (2016-9245) - Application of the Acts and subordinate statutes on response data;

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 Competition;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The account transferred by the Defendant was used for the criminal act of Bosing, resulting in the victim.

The favorable circumstances: A first offense, confession and reflect on a crime.

Other conditions of sentencing, such as the defendant's age, sex, family relations, records of crimes, the circumstances of this case, and the future progress, shall be determined in the same manner as the order.

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