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(영문) 대전지방법원 천안지원 2017.03.03 2016고단2249
전자금융거래법위반
Text

The sentence against the accused shall be three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall transfer a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, on August 24, 2016, the Defendant borrowed an account in order to obtain the reduction or exemption of liquor tax from a person who is named as his/her agent on behalf of a liquor company.

It shall be three million won per month.

“On August 24, 2016, between 18:00 and 19:00 on August 24, 2016, the head of the Tong and one cash card, which is an access medium to the new bank account (number B) in the name of the Defendant, were transferred from the Young-dong bus terminal located in the south-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 43.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on response materials by financial institutions;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as the transfer of access media for electronic financial transactions can be abused as a means of other crimes. In practice, in this case, the access media transferred by the defendant was used for committing a crime, the defendant recognized and opposed to the crime, only the punishment of a different kind of fine prior to 2002, and other circumstances revealed in the trial of this case, including the defendant's age, sex behavior, environment, and circumstances.

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