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(영문) 대전지방법원 공주지원 2015.12.04 2015고정88
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, around March 2013, the Defendant received KRW 70,00 in return for money in front of the Hongdong Library in Seodaemun-gu Seoul, Seoul, and transferred Kwikset services to the name-disckseter one bank passbook (Account Number: C), cash card, etc., the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes on personal financial transactions, replies to requests for details of financial transactions, and the details of transactions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant asserts that the defendant's assertion of Article 334 (1) of the Criminal Procedure Act was unaware of the crime committed.

Article 16 of the Criminal Code provides that "the act of misunderstanding that one's act does not constitute a crime under Acts and subordinate statutes shall not be punishable only when there is a justifiable reason for misunderstanding" does not mean a simple legal site, but it means that it shall not be punishable in cases where it is generally accepted that the act of misunderstanding that one's act does not constitute a crime, which is permitted by Acts and subordinate statutes, does not constitute a crime in his special circumstances,

In light of the above legal principles, although the defendant generally becomes an offense beyond the mere legal site, there is no evidence to recognize that there is a justifiable reason for recognizing that it does not constitute a crime due to an act permitted by law in a special case of the defendant, even though it is not a crime.

Therefore, it is true.

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