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(영문) 의정부지방법원 고양지원 2015.07.24 2015고정617

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No electronic card or other means of access used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction shall be transferred.

Nevertheless, around 14:00 on July 23, 2014, the Defendant transferred the passbook and cash card, which are linked to the bank account in the name of the Defendant (Account Number:C), the bank account in the name of the Defendant, and the bank account (Account Number:D) through Kwikset service article.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of the written confirmation of details of transactions and certificates of confirmation, and the written provision of financial transaction information (Korean bank);

1. Relevant Article 49 (4) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 49 (3) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions;

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

1. Considering damage caused by telephone financial fraud in sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, it is necessary to punish the lending of the same account as in the instant case, there is a history that the Defendant was subject to two investigations on the same type of crime, “Suspension of indictment,” “abstiny”, and “abstiny” disposition; the Defendant has no record of criminal punishment other than the above past record; the Defendant is diagnosed and treated as Teinson’s disease; and the amount of fine sentenced in a similar case; the Defendant’s age, character and conduct, family relation, criminal records, the circumstances of the instant case; and the following conditions of the sentencing are determined as the same sentence