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(영문) 수원지방법원 2018.10.05 2018고단3907

전자금융거래법위반

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

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

On April 2018, the Defendant would give KRW 2 million on the face of the transfer of the account from a person who is in the name of the Defendant’s house located in the Seocho-si B, in the name of the Defendant.

“On April 9, 2018, at around 15:00, at the D office located in Suwon-si C, the C-OBK bank account in the name of the Defendant was transferred to the B-K Bank account under the name of the Defendant, using cargo services, and informed the Defendant of the password necessary for the use of the card.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of statutes on certificates of details by account for member trading and notification of the current status of financial transactions;

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 under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is not only for a first offense for which the defendant has no criminal history, but also for a first offense with no criminal history, but also for the purpose of receiving compensation by transferring access media connected to a deposit account without permission, so it is possible to commit fraud. The defendant actually used the account transferred by the defendant for the criminal defendant, thereby causing damage equivalent to KRW 1.650,00 to the victim, and then causing damage equivalent to KRW 1.650,00 to the victim, and at the same time, there is a great need to fundamentally block the occurrence of the presidential passbook in order to spread the fraud, such as singing, etc.