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(영문) 전주지방법원 2017.02.07 2016고정781

전자금융거래법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Except as otherwise provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall transfer or transfer any access medium;

Around October 22, 2015, the Defendant borrowed KRW 2 million from his name in order to obtain a loan, and transferred the bank account (C) and check cards in the name of the Defendant at the front of the office of the Defendant located in the former Northern-gun B, the Defendant transferred them through Kwikset service articles.

2. The Defendant, at the time of the foregoing day, embezzled, after transferring the access media as above, found that the sum of KRW 1.9 million was deposited from the victim D, E, and F to the said account, and kept it for the victims. On October 23, 2015, the Defendant embezzled the said amount voluntarily by withdrawing it in full at the former branch of the new bank prior to the new bank, and using it.

Summary of Evidence

1. A protocol concerning the examination of the suspect of the defendant or G;

1. Statement made by the police against D;

1. CCTV photographs;

1. Telephone financial fraud;

1. Application of Acts and subordinate statutes to a report on investigation (a report on the execution of a warrant), a report on investigation (a relative investigation report to the nominal owner of the receipt account), a report on investigation (A counter investigation report), and a report on investigation (a statement hearing report

1. Relevant legal provisions and Articles 49(4)1 and 6(3)1 (transfer of access media) of the Act on Electronic Financial Transactions with Respect to criminal facts, the selection of fines, Article 355(1) of the Criminal Act, and the selection of fines;

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. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.