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(영문) 광주지방법원 순천지원 2017.11.29 2017고단1129
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On March 2017, the Defendant: (a) received a proposal from a person who was in the name of the deceased on the first day of the first day and delivered a physical card “to punish KRW 4-5 million in one month if he/she sent the physical card”; and (b) received a proposal from a female bus terminal located in the 268 unit number of the female city at around that time; (c) according to the instructions of the person who was in the name of the Defendant, the Defendant sent the physical card to the Korean bank account (B) and the company bank account (C) and sent it by means of the Incheon High-speed bus freight, in which one and one of the physical cards connected to the above name of the person who was in the name of the Defendant.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of remittance;

1. Application of Acts and subordinate statutes to inquire about transaction performance certificates and personal information of customers;

1. Article 49 (4) 1 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 1 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the punishment as ordered, taking into account all the favorable circumstances, such as the fact that some of the access media transferred by the defendant for the reason of sentencing of the order of provisional payment was used for the criminal act of Bosing fraud, the defendant's primary offender, favorable circumstances, such as the fact that the defendant recognized the criminal act and reflects on it, and other favorable circumstances, including the defendant's age, family environment, motive and circumstance of the crime, the number of transferred access media, and the circumstances after the crime.

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