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(영문) 대전지방법원 천안지원 2014.02.06 2013고단1876

사기

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or acquire the means of access to electronic financial transactions.

A. On July 2013, the Defendant: (a) received money from E in the vicinity of the D police box located in Dong-gu, Dong-gu, Chungcheongnam-gu; and (b) transferred to E the means of access of the electronic financial transaction, one copy of the passbook connected to one bank account (G), national bank account (H), and one check card, respectively.

B. Around August 2013, the Defendant: (a) received 300,000 won from I in a private distance near Haak-dong, Seo-gu, Seo-gu, Seocheon-gu; and (b) transferred to I the means of access to electronic financial transactions, one copy of passbook and physical card connected to J’s Agricultural Account (K).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect concerning I by the prosecution;

1. A protocol concerning suspect examination of L;

1. Application of Acts and subordinate statutes concerning police statements to J;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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