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(영문) 대전지방법원 2017.02.10 2016고정1223
전자금융거래법위반
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

[criminal records] On May 12, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for a special injury at the Daejeon District Court on July 12, 2016, and the judgment became final and conclusive on July 12, 2016.

[Criminal facts] No person shall transfer a password or establish a pledge for the use of an electronic-type card or an electronic-type card, which is an access medium for electronic financial transactions, or a user number, etc. registered with a financial institution or an electronic financial institution.

Nevertheless, on June 2015, the Defendant, via Kwikset Service Articles, sent to a name-oriented person via a post office account (Account Number C) opened in the name of the Defendant in the vicinity of the Daejeon High School.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police of D;

1. Responses to a request for provision of financial information (the Postal Business Information Center);

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to have caused the instant crime while he/she was aware of the loan due to not good economic conditions, and that it is more favorable for the Defendant to take into account the equity with the case where the judgment becomes final and conclusive at the same time with the special injury crime.

However, the crime of transferring, lending, etc. of access media requires the account under one's name to be used for various crimes such as telephone financing fraud, etc., and arrest of the person who committed various crimes such as telephone financing fraud, etc. and damage to the victim.

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