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(영문) 대구지방법원 2017.09.13 2017고단3856
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

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

On March 13, 2017, the Defendant would pay 5% of the transaction amount at the face of the transfer of money to the head of the Tong in connection with the Internet shopping mall from a person without his/her name.

“On the phone, the account number (Account number: B) of the Daegu Bank in the name of the Defendant was notified, and on the 15th day of the same month, the Postal Center located in the Daegu East-gu Daegu-gu-gu-gu-gu-si-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. Details of transactions, application of statutes on copies of bankbooks;

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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is likely to harm the safety and trust of financial transaction, and may be abused as a means of other crimes, and it is necessary to strictly punish the Defendant in light of the fact that the Cze Card lent by the Defendant was used for actual fraud.

However, the circumstances favorable to the fact that the defendant's mistake reflects the defendant, there is no record of criminal punishment, and that the defendant seems to have no profit from the crime of this case.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be comprehensively determined as per the disposition.

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