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(영문) 대전지방법원 천안지원 2017.06.08 2017고정279
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 2015, the Defendant transferred to D a business registration certificate of “B” on condition of receiving the price of KRW 1,500,000 per month at a coffee shop where the trade name in the ceiling is unknown, and a physical card linked to the said account is transferred to “B” under the name of “B” in the name of the head of the agricultural bank, the head of the agricultural bank, and “B” in which electronic financial transactions are possible

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (E);

1. The head of the new cooperative, each investigation report (the confirmation report, such as relevant suspect's statement, attachment of a certified copy of the register of a corporation B, verification of the current status of a business operator in the name of the suspect, reporting on the necessity for tracking accounts in the name of B, reporting on the execution of a warrant of search and seizure,

1. Relevant Article of the Act and Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions in which the facts constituting an offense are applicable;

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

1. Taking account of the following factors: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the transfer of the Defendant’s access media and documents as indicated in the facts constituting a crime; and (c) the Defendant gains profits of KRW 700,000 by transferring the access media and documents; (d) the Defendant has eight times of fines; (e) the suspension of imprisonment with prison labor for a time; (e) the suspension of the execution of imprisonment for a time; and (e) the Defendant appears to have suffered

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