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(영문) 대전지방법원 2014.09.04 2014고정830 (1)
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer or acquire any means of access or establish any pledge unless otherwise specifically provided for in other Acts.

Nevertheless, around December 23, 2013, the Defendant transferred a passbook from Gangseo-gu Seoul Metropolitan Government B and 202, his residence, to a person who is not entitled to receive a text message of KRW 2 million in one month, and transferred the passbook, the means of access to the Agricultural Cooperative Account (C), which is the means of access to which one’s own name can be deposited and withdrawn.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes for verification;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In this context, considering all the circumstances such as the defendant's age, character and conduct, home circumstances, motive, means and result of the crime, the punishment as ordered shall be determined.

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