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(영문) 대전지방법원 천안지원 2016.01.29 2015고정1160
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

Unless otherwise expressly provided for in any Act, any access medium (e.g., physical card) selected by a financial institution or electronic financial business entity for electronic financial transactions shall not be transferred, acquired, or pledged. However, the Defendant opened a bank account (D) passbook in the name of Korea in the name of Korea at a place located at the 91-4 hot spring dong, Asan-si, Asan-si, a hot spring, and transferred it to a person who is not in the same day from a park adjacent to Asan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of each statute on filing of a complaint;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. Under Article 334(1) of the Criminal Procedure Act, the punishment shall be determined by taking into account the following circumstances: (a) the Defendant committed a crime during the period of suspension of execution during the period of suspension of execution; (b) the head of a Tong to whom the Defendant transferred the passbook was used for a loan fraud crime; (c) the Defendant recognized the mistake that the Defendant came to commit a crime as well as the mistake; (d) the substantial benefit gained by the Defendant from the crime is not confirmed;

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