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(영문) 인천지방법원 2018.01.09 2017고단8306
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On August 17, 2017, at around 13:50, the Defendant: (a) received a proposal from a person in unsound name who assumes the name of liquor business operator in Gyeyang-gu, Incheon Metropolitan City, to pay KRW 2,100,000 per each page of 1,000,000 from the person who assumes the name of liquor business operator within the office of the company in Gyeyang-gu, Incheon; and (b) accepted the proposal, and then delivered a physical card connected to the bank deposit account in the name of the Defendant to the person in unsound name.

As a result, the Defendant promised to receive the price and delivered the approach media.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s written petition, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of replies related to the execution of a warrant of search and inspection);

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The act of transferring the physical card or password on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for sing, singing, etc., and thus, the social music is reasonable.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, the defendant recognized his mistake and reflected his mistake.

There are seven criminal records for the defendant, but there are no criminal records for the same kind.

The punishment shall be determined as per the order by selecting a fine in consideration of the conditions of all the sentencing, such as the defendant's age, sex, family relationship, property status, etc.

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