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(영문) 대전지방법원 천안지원 2017.11.24 2016고단2680

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, on September 2016, the Defendant borrowed an account from a person in the name of the Defendant for the purpose of opening and withdrawing the account from the company for the purpose of opening and leaving the account.

“On September 19, 2016, after receiving the word “,” one account was lent in the Defendant’s residence located in Seo-gu B and 708, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2016, and received KRW 4 million, and the Defendant’s name bank account (C) was transferred in the way that the cash card, which is the access media of the Defendant’s name bank account (C), was sent to the name in the way that it was sent to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of each financial transaction;

1. Application of Acts and subordinate statutes on a petition;

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;