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(영문) 창원지방법원 거창지원 2017.12.22 2017고단334
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In 2016, the Defendant received a phone from a person whose name is unknown to the effect that “to give KRW 7 million if he sent the e-mail card,” and agreed to receive KRW 7 million in return for the transfer of the e-mail card. Around that time, the Defendant transferred the e-mail access media to another person in the electronic financial transaction by way of reporting to a person whose name is unknown, on the front of the e-mail-ro 2-4, Kimhae-si, Kimhae-si, Kim Young-gu, Gyeong-nam, which was opened in the name of the Defendant at 120-ro 2-4, Gyeong-nam, and the e-mail card two copies connected to the e-mail account (B) and the bank account (C).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written petition of D;

1. Inquiry into details of each account transaction and personal information of customers;

1. Application of Acts and subordinate statutes to report internal investigation (verification of the fact of additional damage), investigation report (the withdrawal of the case from the case and the arrest of the person);

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 a selective fine for punishment (the average circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and reflects his mistake, that the defendant has no profit from transferring the preceding media, that the damage was recovered by agreement with the withdrawal of the damage by the person who suffered the crimes through the access media transferred by the defendant, and that the defendant was the first offender who had no record of criminal punishment before being sentenced);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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