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(영문) 인천지방법원 부천지원 2016.04.06 2016고단325
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

No person shall transfer or acquire any access medium used in electronic financial transactions.

On November 6, 2015, around 14:00, the Defendant transferred two books of account in Korea, two (301-01-7874-11, 301-781-7879-91), and two (1) bank accounts in Korea (1005-102-82-82328, 105-02-02-82345), and one passbook, physical card, official certificate, and passwords stored in USB, etc. around November 4, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning a protocol concerning suspect examination of the police against D;

1. Application of Acts and subordinate statutes entered in the seizure protocol (No. 23 times a patrol, No. 369 pages of evidence);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant transferred an access medium in return for consideration; (b) the account number, etc. transferred by the Defendant was used for illegal gambling, etc.; and (c) damage was incurred.

However, considering the circumstances of Article 51 of the Criminal Act, such as the fact that the defendant has no record of punishment for the same crime, the punishment shall be determined as per the order.

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