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(영문) 대전지방법원 천안지원 2017.05.25 2017고단700
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

On October 16, 2016, the Defendant: (a) received a proposal from a person whose name is unknown, stating that “I will act on a sports Saturday site, and will give the head of a Tong KRW 2 million on the face of the transfer; (b) on October 18, 2016, the Defendant sent a physical card connected to the post office account (Account Number: C) in the name of the Defendant at the location of the Defendant’s residence located in the area where the Defendant was located in the area B of Suwon-si, Suwon-si; and (c) sent the physical card to a person whose name is unknown through Kwikset’s services.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D);

1. Application of Acts and subordinate statutes to report internal investigation (the details, etc. of transactions of passbooks at banks that were submitted to the victim), seizure and verification warrant (applicable to the application of financial accounts) and reply details;

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 that the Defendant transferred for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was used for the commission of a phishing crime; (b) the Defendant has no profit acquired or transferred by the instant case; (c) the Defendant has only one access medium; (d) the Defendant has no profit acquired by the instant phishing; and (e) the Defendant has no criminal penalty imposed on the basis of fines on four occasions; and (e) the Defendant has

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