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(영문) 대전지방법원 논산지원 2018.04.17 2018고단27
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using or managing the access medium.

On September 2017, the defendant was a company that supplies construction materials from Incheon to China from the person who was in the name of the police officer on September 2017.

On October 13, 2017, the head of the Tong lent the head of the Tong for 3 days, and received a text message stating that the head of the Tong will be used for 2.7 million won to be paid from KRW 2.7 million to KRW 3 million, and on October 13, 2017, the head of the Tong sent a copy of the physical card connected to the post office account under the name of the defendant (D) to the non-resident and transferred the access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on response to financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order was that the Defendant easily committed the instant crime, and the victim of the phishing was found to have committed the instant crime.

However, the punishment shall be determined by taking into consideration the fact that the defendant has mistakenly recognized and has no previous record of the same kind.

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