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(영문) 대전지방법원 천안지원 2017.05.11 2017고단248
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

(2017 Highest 248) On October 13, 2016, the Defendant received a proposal from one-person C to one hundred thousand won per account. On the same day, the Defendant delivered one cash card connected to the Defendant’s bank account (Account Number:F) at the E convenience store located in Nam-gu, Nam-gu, Dong-gu, Seocheon-gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol (G, H);

1. Offering a certificate of deposit verification and financial transaction information;

1. Application of Acts and subordinate statutes on written confirmations on transactions with victim H, details of banking transactions, and personal information response data;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the deposit account in which the Defendant transferred was used for the criminal act of Bosing; (b) damage of KRW 7 million has occurred to two victims; (c) the Defendant has no profit obtained or transferred by the instant case; and (d) the Defendant has no profit obtained by the instant case; (b) the Defendant has no profit from the criminal punishment; and (c) the Defendant has no profit from the criminal punishment; and (d) all of the sentencing conditions, including the Defendant’s age

Dismissal of Public Prosecution (2017 Highest 476)

1. On October 13, 2016, the Defendant: (a) received a proposal from a person in secret name to the effect that he/she “to lend a e-mail card to one million won in advance; and (b) will give one million won in six-day unit; and (c) sent a e-mail card connected to the Defendant’s bank account (F) from the convenience store located in Nam-gu, Nam-gu, the same day to the Defendant; and (d) sent one e-mail card connected to the Defendant’s bank account (F) from the convenience store located in Nam-gu, Nam-gu.

(v) was transferred.

2. This part of the facts charged is linked to the above crime and the transfer date and place of the access medium, and the transfer method.

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