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(영문) 창원지방법원 진주지원 2015.11.10 2015고단930

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 or acquire any electronic financial access medium to any third person.

Nevertheless, on December 8, 2014, the Defendant transferred a deposit passbook and a physical card connected to the account of community credit cooperatives under B (Account Number C) in the name of the Defendant, which was allowed to use temporarily from B, at an unsound place, and transferred the electronic financial access media to a person under whose name the password was assigned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes of D’s authenticity and written statements;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts, and selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are against the defendant when committing the instant crime, the defendant has no record of criminal punishment, and other various circumstances, including the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered by the court below, taking into account the following factors: