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(영문) 대구지방법원 서부지원 2016.02.16 2015고단2020

전자금융거래법위반

Text

Defendant shall be punished by a fine not exceeding five million won.

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

Reasons

Punishment of the crime

On April 10, 2014, the Defendant was sentenced to two years of suspension of execution on the grounds of occupational embezzlement, etc. in the branch court of the Daegu District Court, which became final and conclusive on April 18, 2014, and is currently under suspension of execution.

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium, while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, on June 3, 2015, the Defendant received a text message to the effect that “a monthly wage of 5.6 million won shall be paid in advance by the limit of six months on the face of lending a passbook from a person who has no name,” and agreed to lend a passbook to a person who has no name, and to receive fees, and then to receive the same month.

5. In the Dong-gu Daegu-dong, Daegu-gu, Daegu-gu, around 07:00, the head of Tong and cash card connected to the Saemaul Treasury Account (B) in the name of the defendant was informed of the password to the name in the real phone and the cellular phone using the KTX special transmission.

As a result, the Defendant promised to give instructions in electronic financial transactions or to offer access media used to ensure the authenticity and accuracy of the contents of transactions with users and users.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written confirmation of the results of electronic financial transfer;

1. Previous conviction: Application of inquiry, inquiry, report on investigation (Attachment of court ruling against suspect A) Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the elective Financial Transactions and Articles 49 (4) 2 and 6 (3) 2 (Selection of Penalty) of the same Act;

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;