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(영문) 대전지방법원 천안지원 2021.01.12 2020고단2131
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person of 2020 shall transfer or acquire any access medium to any third party in using or managing the access medium.

Nevertheless, the defendant, on July 21, 2020, needs to be electronically processed in order to implement a loan by telephone from a person who assumes the name of the lending company's staff from a person who assumes the name of the lending company.

“Around that time, I heard the word “,” and thereafter, I sent one physical card connected to the account in B (C) of the Defendant’s name to the account in the name of the post office.

Accordingly, the Defendant transferred a physical card, which is an access medium, to a person who is not his name.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Inquiry of the results of transfer, the screen of the closure of the details of transfer, the Kakao message, and the details of receipt transaction;

1. Application of monetary details and the Kakao Stockholm message legislation;

1. Article 49 of the Act applicable to the facts constituting a crime and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 of the same Act (Selection of punishment);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects the Defendant’s mistake, and there is no record of punishment for the same kind of crime, transfer of access media under the Electronic Financial Transactions Act not only undermines the safety performance of electronic financial transactions, but also facilitates any other crime. The fact that the access media provided by the Defendant was actually used for crime, and the Defendant’s age, sex, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions specified in the argument of this case are determined as ordered.

Rejection of Public Prosecution

Ⅰ. The summary of this part of the facts charged is that the Defendant is a person who is engaged in driving of D D D D cargo.

The defendant on May 4, 2020 ranked around 17:15.

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