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(영문) 부산지방법원 동부지원 2017.10.24 2017고정833
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall lend any access medium with the receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on April 13, 2017, the Defendant, at around 16:30 on April 13, 2017, received 61 61 p.m. 6 centh, from a person who was unaware of his name before 101, 13.5 million won in the physical card, and delivered the physical card connected to the Korean bank account (B, C) and the corporate bank account (D) and the bank account (E), respectively, to the person who was in the name of the Defendant, using the physical card and sent it to the person who was in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Confirmation of a suspect A's account number linked to a suspect A's physical card);

1. Application of the Acts and subordinate statutes to investigation reports (attached to advertisements for purchase of physical cards sent to suspect A);

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 amount of fine imposed by the summary order shall be reduced partly, considering the fact that the defendant confessions and reflects the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, in particular, the fact that the criminal act is voluntarily divided before the investigation agency's notification and investigation is carried out, and that the loss of the body knife has no record of the same crime (the fact that this type of crime has no record of fines on two occasions).

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