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(영문) 창원지방법원 통영지원 2018.08.20 2018고정175

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

No person shall transfer an access medium unless otherwise expressly provided for in other Acts in using or managing the access medium.

Nevertheless, around 13:00 on November 2, 2017, the Defendant transferred 13:00 to a person under whose name the Defendant was using the Defendant’s bank account in the name of the Defendant’s child D (number : E) by means of a physical card connected to the Defendant’s child D (number : E).

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on internal investigation (attaching a receipt for deposit in the damaged gold account);

1. Application of the Acts and subordinate statutes on new data in time of search and inspection warrant (applicable to the financial account trends);

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