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(영문) 서울남부지방법원 2015.10.08 2015고정1457

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,300,000.

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

Reasons

Punishment of the crime

On December 2, 2014, the Defendant transferred the physical card, which is the means of access, to the account (B) of community credit cooperatives (B) established in the name of the Defendant on the roads in front of the new bank in Macheon-si, Skwikset Service Articles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to an application for a warrant of search, seizure, and verification;

1. Article 49 (4) 1 of the Electronic Financial Transactions Act and Article 6 (3) 1 of the same Act concerning facts constituting an offense;

1. A fine of KRW 1,300,000 (the defendant has already transferred a cash card, etc. to another person in the same manner as the instant case even in 2013). Accordingly, the defendant is difficult to be placed in front of the same time. However, the defendant is unable to be placed in front of the same time: Provided, That the fact that the defendant leads to the confession of the instant crime; there are some circumstances to be taken into account in the process of the crime; the details of the crime are the transfer of “one physical card; the number of fines is reduced partially by taking into account the defendant’s age, educational background, occupation, family relationship

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;