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(영문) 수원지방법원 평택지원 2017.11.16 2017고정255
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

No person shall transfer the access medium in using and managing the electronic financial access medium.

On September 17, 2014, the Defendant transferred a passbook and a physical card connected thereto to the bank account (C) of the name of the Defendant to a person who was unaware of his name in front of the PC building located in the ward located in the Jin-dong in the Jin-dong in the Jin-dong on September 17, 2014, and notified him of the password, and received two million won in return.

Accordingly, the Defendant transferred electronic financial access media.

Summary of Evidence

1. A protocol concerning the examination of suspect of each police station with regard to D (including cross-examination);

1. Written opinion, investigation report (to telephone conversations with the suspect D), investigation report (to the E in which the suspect D stated) and the application of the statute;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding 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 (the defendant and his defense counsel have lived together with the defendant;

D It argues that the head of the Tong and the e-mail card have been lent to the person who has not received the price by transferring the head of the Tong, etc., but according to each of the above evidence, the fact that the defendant transferred the head of the Tong, etc. to the person who has no name, the above argument is not accepted.

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