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(영문) 창원지방법원 진주지원 2018.04.13 2018고정8

전자금융거래법위반등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who works for one-time employment.

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any access medium to any third person in using or managing such medium, unless otherwise expressly provided for in any other Act;

Nevertheless, around 07. 07. 07. 07., Defendant A promised to give KRW 1,500,000 per month of the card if he sent the card to obtain tax reduction or exemption to the liquor company. Defendant A trusted the horses of the Buddhist box, and transferred one check that is linked to the new bank account (Account Number B) opened in his name in front of the old and old bank account in the vicinity of the Gangseo Islands located in Gangwon-do Jong-gun.

2. On 16:24, 2016, Defendant A, at around 16:24, knew of the fact that the victim C (e.g., 44 years old) deposited KRW 5 million in the account of the bank account number B in his/her own name, and he/she should return the amount erroneously deposited in the account of the bank in his/her name due to mistake in the remittance procedure.

Nevertheless, around 09:40 on September 09, 2016, withdrawal of KRW 4,70,000 from the new bank branches located in Yancheon-si, and 1,70,000 won was consumed as living expenses, and 3,00,000 won was arbitrarily consumed and embezzled by transferring it to other accounts.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding certificates of each new card company;

1. Financial transaction details of Defendant’s account;

1. Application of the police statement protocol law to C

1. Article 49 (4) 1 and Article 6 (2) 1 (transfer of access media) of the Act on the Electronic Financial Transactions and Trades and Article 355 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.