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(영문) 청주지방법원 영동지원 2018.02.08 2017고단163
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 the access medium in using and managing the access medium under the Electronic Financial Transactions Act.

Nevertheless, on May 29, 2017, around 20:00, the Defendant sent a passbook from the Defendant’s office located in 202 apartment B, the Defendant promised to receive KRW 3,00,000,000 as the price, and sent one physical card connected to the company bank account (C) in the name of the Defendant to Kwikwikset Service Articles who sent the passbook to Kwikset Service Articles. On the other hand, the Defendant sent the password to Kwikset Service Articles with the company bank account (C) in the name of the Defendant.

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 loan transaction application and a detailed statement;

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;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Any unfavorable circumstance] The transfer of an access medium for electronic financial transactions, such as the instant crime, can be used as a means of other crimes, and the nature of the crime is not somewhat weak.

In fact, the access media transferred by the defendant seems to have been used for other crimes.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

The instant crime was committed once more, and the Defendant did not directly participate in other crimes than the instant crime.

I seem to appear.

There is no criminal history of criminal punishment against the defendant.

In addition, the sentencing conditions, etc. revealed in the trial process of this case, including the defendant's age, reputation, character and conduct, environment, family relationship, and circumstances after the crime, shall be determined as ordered.

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