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(영문) 전주지방법원 2017.02.17 2016고단2301
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, on August 2016, the Defendant would pay KRW 100,000 per day per head of the Tong where the head of the Tong has been transferred from the person who was in the name of the deceased.

In hearing the word “,” and on August 31, 2016, a company bank account (Account Number: C) through a bank account opened in the name of the Defendant at a high-speed bus terminal located in Seocho-gu, Seoul Special Metropolitan City, and a physical card connected to the said account was transferred to a person who is not his/her name, through a bus-based delivery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation:

1. Investigation reports (to attach replies following the execution of a warrant of search and inspection);

1. Application of Acts and subordinate statutes on transaction details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Electronic Financial Transactions by Means of access);

1. Selection of an alternative fine for punishment;

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

1. Under Article 334(1) of the Criminal Procedure Act, the act of transferring or lending an electronic financial transaction access medium to a third party is likely to cause damage to many and unspecified persons because it can be used for fraud crimes, such as licensing, etc., and the account of the access medium actually transferred by the defendant has been used for fraud.

The favorable circumstances include the fact that all the defendants recognize the crime of this case and the defendant is the first offender.

In addition to the above circumstances and the following circumstances, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.

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