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(영문) 서울서부지방법원 2018.04.10 2017고단1345
전자금융거래법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 1, 2016, the Defendant: (a) received advertising messages from a liquor company with a monthly amount of KRW 200-30 million; and (b) issued, around the 14th day of the same month, the Cock cards connected to the Defendant’s post office account (C) to Kwikset, through Kwikset’s service.

Accordingly, the defendant promised to pay the price and lent the access media to electronic financial transactions.

On May 19, 2017, the Defendant, “E” located in Busan Shipping Daegu, Busan, on May 19, 2017, at the convenience store of “E” located in Busan, on May 21, 2017, the Defendant, “The market price equivalent to KRW 4,00,000, which was displayed using the gaps in which the victim F, an employee, calculates the goods of another customer at the pricing unit.”

"One urban village, one of which is equivalent to the market value of 800 won, was placed in a bank in which the injured party had a scooki, and the total amount of 4,800 won was stolen by means of inserting it in a bank.

Summary of Evidence

"2017 Highest 1345"

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. A written statement of damage to H;

1. Investigation reports (Investigation to confirm the amount of damage inflicted on the victim);

1. Account transfer transaction statement, response to a request for financial transaction information, personal information provision, inquiry about details of financial transactions, and text message materials "2017 highest order 1525";

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on investigation;

1. Application of the Acts and subordinate statutes to damaged articles and photographs of suspects;

1. Selection of a fine for a crime by taking into account the circumstances favorable to the defendant, among the following reasons for sentencing, Article 49 (4) 2, Article 6 (3) 2 (a violation of the Electronic Financial Transactions Act), Article 329 (a) of the Criminal Act, and Article 49 (4) 2, Article 6 (3) 2 of the Electronic Financial Transactions Act (a violation of the Electronic Financial Transactions Act), Article 329

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The order of provisional payment;

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