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(영문) 창원지방법원 통영지원 2018.10.11 2018고단628
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

[criminal records] On February 22, 2018, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment with labor due to a violation of the Electronic Financial Transactions Act in the Changwon District Court’s common support on February 22, 2018 and the judgment became final and conclusive on March 3, 2018.

[Criminal facts] No person shall transfer or acquire access media used to give instructions for transaction in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

From May 2017, the Defendant, along with B and C, leased the apartment house from around 1, 2017 to around 1, 2017, was well aware of the fact that there was a prohibition of transfer of the access media because it was the fact that the Defendant leased the apartment house from around 2, 201, and sold the passbook to the Internet bulletin board, exchanged the name influence and contact with the person who takes over the passbook, transferred the passbook, and

Nevertheless, around June 6, 2017, the Defendant sent a copy of the head of Tong OTP and cash card, which is an access medium connected to the new bank account (Account Number E) under the name of the Defendant, to the non-defluences in the open bus terminal via Dong-gu, Gyeongnam-si, Gyeongnam-si, and transferred the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each report on investigation;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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