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(영문) 대전지방법원 천안지원 2018.04.13 2017고단474
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium in electronic financial transactions.

However, on November 23, 2016, the Defendant received a new or dormant lease account from a person without his/her name to his/her mobile phone from him/her to “B’s C team leader, who is in excess of 50% alcoholic beverages handled, and is receiving a new or dormant lease account to be paid KRW 2,00,000 for three days.” On November 24, 2016, the Defendant sent one debit card and password connected to the Defendant’s bank account (D) in front of the Northern-dong, Seo-gu, Seo-dong, Y-dong, 620-2 Pick-dong, Y-dong, Y-dong, Y-dong, Y-dong, 2016.

(v) was transferred.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Certificates of deposits without passbooks, and data on financial transaction replies A of Korean banks;

1. Application of the statutes governing Akkao Stockholm text content;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order was that the access medium transferred by the Defendant was used for the crime of fraud, causing damage.

However, it does not seem that the defendant obtained profits from the crime of this case.

In addition, the defendant is against his will to recognize his mistake and has no record of criminal punishment prior to this case.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

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