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(영문) 인천지방법원 2017.08.04 2017고단3926
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, on October 1, 2016, the defendant needs the head of the Tong because of the problem of tax reduction or exemption from the person who is in the name of the defendant on October 1, 2016.

In order for the head of the Tong to require two pages, 30-400,000 won will be given if the head of the Tong lends only one month.

“In response to the proposal, the Gu in Guro-gu Seoul Metropolitan Government sent a new bank account (Account Number B) in the name of the defendant on the roads for self-reliance of the disabled, and the physical card two linked to the corporate bank account (Account Number: B) and the corporate bank account (Account Number: C), respectively, to the name in the name of Kwikset, and transferred a medium of access to electronic financial transactions to the name in the manner of setting a password number known to the name in the name of the bearer at the time of opening the account.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on account transactions and bank transaction details;

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 sentencing of Article 334(1) of the Criminal Procedure Act (a) of the Act on the Aggravated Punishment, etc. of Provisional Payment Order provides a comprehensive consideration of the following factors: (i) the circumstances unfavorable to the reasons for sentencing (the purpose of selling the access medium was actively opened for the purpose of selling it; (ii) the access medium transferred by the Defendant was used for the singing crime; and (iii) the transfer of the access medium in this case and the payment of KRW 400,00,00), favorable circumstances (which shows an attitude to recognize and reflect the crime; and (iv) the previous criminal records of the Defendant, such as the history, age, sexual behavior, environment, motive or circumstance of the crime; and (iii) the circumstances after the crime, etc.

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