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(영문) 대전지방법원 천안지원 2018.10.19 2017고단1516
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

On June 2014, the Defendant received a proposal that he would pay 10% of the amount deposited into the account on the face of the transfer of the check which was linked to the account from a person without his name.

On June 14, 2014, the Defendant sent 2 copies of the physical card (credit number C) linked to the Defendant’s name bank account (Account Number B) and the Saemaul Treasury account (Account Number D) through Kwikset Service, which is linked to the Defendant’s name in front of the office of the Eup/Myeon office of the Eup/Myeon office of the Eup/Myeon office of the Eup/Myeon branch of the Eup/Myeon branch of Asan City, and attempted to send 2 copies of the physical card (Account Number E) linked to the Defendant’s name account.

Summary of Evidence

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

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

1. A report on investigation;

1. Account transfer details;

1. A detailed certificate of account for each transaction;

1. Response to requests for the provision of financial transaction information;

1. Application of the Acts and subordinate statutes of the table indicating the issuance of the check card;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order are determined as follows: (a) taking into account the various circumstances shown in the pleadings of the instant case, such as the motive and consequence of the instant crime, the circumstances after the crime, and the record of criminal punishment by the Defendant.

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