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(영문) 창원지방법원 통영지원 2018.10.15 2018고정259

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

On January 22, 2018, at around 14:00, the Defendant: (a) heard the horses, and did not at all confirm the personal information, place, and method of obtaining a return of the check; and (b) transferred the access media by using Kwikset-line 1 connected to the Defendant’s name-based DF’s account; and (c) via Kwikset-line 1 connected to the Defendant’s name-based F FF’s bank account; and (d) transferring the password of the said account by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of response statutes to a bank reply or a search and inspection warrant;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;