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(영문) 부산지방법원 동부지원 2018.12.13 2018고단1848
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant received a proposal from a person under whose name the Defendant “to offer a total of KRW 4.8 million on the face of the head of Tong and the OTP producer, etc. necessary to purchase vehicles via the Internet,” and accepted the proposal, and then received, on March 2018, the passbook and the OTP producer creation machine connected to the national bank account in the name of the Defendant in Busan-gun, Busan-gun, Kwikset service, and transferred KRW 2.4 million in total from the 15th to 30th of the same month to Kwikset.

Accordingly, the Defendant lent the approaching media while receiving compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Each police statement made to F and G;

1. Each petition for H, I, J, K, L, F, M,O, G, and P Preparation, and a statement for Q;

1. Application of Acts and subordinate statutes to a report on occurrence of an account, data on answers to an account, investigation report (Attachment of details of transactions on account of a suspect’s nominal National Bank and Busan Bank Account), and output of account 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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. In the event that an electronic financial transaction access medium is leased on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, it is necessary to strictly punish the leased electronic financial transaction access medium, as well as to impair the credibility of the safety performance of the electronic financial transaction, and may be abused for other crimes, such as Bosing, etc. In fact, the Defendant’s leased electronic financial transaction access medium was used for committing a crime, such as Bosing, etc. of approximately KRW 800 million, and the Defendant’s gains acquired in the instant case constitute 2.4 million.

However, it is advantageous to the fact that the defendant recognized the facts charged and seriously reflects the defendant, that the defendant agreed with L and N among victims of the crime related to the above access media, and that the defendant does not have any criminal record subject to punishment exceeding the same criminal record or fine.

(2).

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