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(영문) 대전지방법원 천안지원 2017.04.20 2017고단142

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

1. No person shall transfer, on September 7, 2016, a cash card which is a medium access to electronic financial transactions or a password necessary to use the cash card or cash card, or a user number registered with a financial institution or an electronic financial institution;

Nevertheless, on September 2016, the Defendant borrowed an account for the purpose of opening or withdrawing from a sports earth company.

“On September 7, 2016, after receiving the word “”, two accounts were lent for 15 days, and around 200,000 won were received, and around 13:00 on September 7, 2016, a cash card, which is an access to the Defendant’s bank account (B) was transferred in the manner that the said name was unexploded.

2. No person shall transfer, on September 8, 2016, a cash card which is a medium access to electronic financial transactions or a password necessary to use the cash card or cash card, or a user number registered with a financial institution or an electronic financial institution.

Nevertheless, on September 8, 2016, the Defendant transferred one cash card, which is a means of access to the post office account (C) in the name of the Defendant, to the above person in the name of the Defendant, in front of the Sung-dong church in Seongbuk-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as details of transactions and response materials on transactions;

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. 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act shall be recognized, and the punishment shall be determined as the same as the order, taking into consideration the fact that there is no record of criminal punishment and the fact that there is no record of criminal punishment;