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(영문) 춘천지방법원 2017.05.11 2017고정126
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

As a worker for one-time employment, no person shall transfer, acquire, or establish a pledge a password necessary for the use of a cash card or cash card which is an access medium for electronic finance, or a user number, etc. registered with a financial institution or an electronic financial institution.

Nevertheless, on January 19, 2017, the Defendant, at the Defendant’s house located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant received letters and calls from a person in a name-free will to arrange loans, and received “to increase credit rating by accumulating transaction performance,” and provided a new bank account number (C) opened and used under the Defendant’s name, and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of the legislation, such as replies, investigative reports (as a result of the execution of a warrant of search and seizure), criminal identification cards and debt certificates;

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. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the confession and reflects by the defendant, and that there is no actual economic benefit, the harm caused by the violation of the Electronic Financial Transactions Act due to the transfer of the passbook is serious, and the equity in punishment with other persons who have committed the same kind of crime similar to the same, etc., the amount of fine determined by the summary Order cannot be deemed to be excessive, and thus, the punishment as set forth in the summary

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