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(영문) 수원지방법원 2017.03.16 2016고단7093
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing any access medium for electronic financial transactions.

Nevertheless, the Defendant, who became aware of through the Internet page, was willing to receive a proposal for the sale of the passbook from the person who was unaware of the name.

On March 19, 2015, the Defendant: (a) sent name in front of the Defendant’s office C convenience stores near the Defendant’s office located in Suwon-si, and (b) opened USB, including the passbook, OTP, and official certificate, in the name of the Defendant’s bank account (D).

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation (as to the circumstances of investigation), a report on investigation ( as to the attachment of a copy of a protocol on interrogation of suspect), and a report on investigation (as to attachment of details of account transactions under the name

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016); and the selection of fines for criminal facts;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, predicted the possibility of being used in an illegal transaction for pecuniary gain, transferred the medium of electronic financial transaction access, which led to the disturbance of the financial transaction order, and the medium of access was actually used for illegal gambling.

However, the defendant is the first offender and is against the crime of this case.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

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