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(영문) 울산지방법원 2016.07.08 2015고단3018

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

On September 5, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on September 5, 2013 and completed the execution of the sentence on October 18, 2014.

No person shall transfer or lend any medium access to electronic financial transactions to any third person for consideration.

Nevertheless, the indictment was written by the Defendant around August 31, 2015, stating “Around August 27, 2015,” but it appears to be a clerical error (see, e.g., 172 of the investigation record). By telephone from a person who is absent the passbook, the Defendant sent a cash card so that he/she can use the passbook repeatedly because he/she can use the passbook because he/she lends the passbook to him/her for liquor payment.

In other words, “The call was received, and around the 31st day of the same month, from the Shin-dong post office located in Ulsan-dong, Ulsan-dong, Seoul-dong, and around the 31st day of the same month, the cash card connected to the accounts of the Saemaul Treasury (C) in the name of the Defendant was transferred to the 100,000 won to the Agricultural Cooperative (D) account in the name of the Defendant from the needy on the same day.

Accordingly, the defendant received the price and transferred the electronic financial transaction access media to others.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A copy of a bankbook, such as information on opening an account, details of transactions, etc.;

1. Each investigation report (the defendant and his/her defense counsel merely delegated the temporary use of the Saemaul Treasury cash card established in the name of the defendant, because they fall under the phrase that they will give a loan to a person who assumes a false name from a person who assumes a false name as a lending counselor, and they do not transfer it

However, the following circumstances acknowledged by the aforementioned evidence, namely, ① the Defendant sent a Saemaul Treasury cash card and received KRW 100,000 from the person in the name of the same day to the Defendant Agricultural Cooperative Account, ② the Defendant, with respect to the above KRW 100,00,00,000, withdrawn and deposited into the Saemaul Treasury Account.