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(영문) 대구지방법원 서부지원 2018.04.26 2017고단2755
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On August 2017, the Defendant: “On the Internet shopping mall is operated by a person without his/her name; the account needs to be opened to increase the transaction performance; the Defendant sent a e-mail card.

Note 80,000,000,000 won, or 80,000,000 won, was sent to Kwikset through Kwikset Service without securing at all the means of guaranteeing the right to receive a return of the physical card, and one copy of the physical card connected to the national bank account in the name of the defendant.

Accordingly, the Defendant transferred the electronic financial transaction access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Data on response to financial transactions with the National Bank;

1. Application of Acts and subordinate statutes on deposit transactions;

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;

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

1. Strict punishment is required for the transfer of media access to the sentencing of Article 334(1) of the Criminal Procedure Act, which can be abused as a means of other crimes, such as scam, etc.

In fact, there was fraud damage related to the defendant's access media transferred by the defendant.

However, the fact that the defendant recognizes his mistake and reflects his mistake, and that the defendant has no criminal history, etc. are considered as favorable circumstances.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relations, etc., shall be determined as the order.

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