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(영문) 창원지방법원 통영지원 2017.11.30 2017고단1029
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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, the defendant's name is a liquor company, which is necessary for tax reduction and exemption, and the defendant's name is changed to transfer his/her check card.

’ 라는 제안을 받고, 2016. 11. 8. 경 통영시 미륵도 새마을 금고에서 피고인 명의의 새마을 금고 계좌 (B )를 개설하면서 이에 연결된 체크카드를 발급 받고, 같은 날 14:30 경 통영시 C에 있는 D 편의점에서 택배를 이용하여 위 계좌에 연결된 전자금융거래의 접근 매체인 체크카드 1 장 및 비밀번호를 넘겨주어 양도하였다.

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 for E;

1. Investigation report (a statement attached to a transaction - a detailed statement of attached entry and withdrawal transaction), investigation report (in relation to the direction to secure details of transaction in the criminal account - a notice of the fact of suspension of payment attached);

1. Application of Acts and subordinate statutes on a petition;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of transferring electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for crime, and the account actually linked to the access media that the Defendant transferred was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it seems that the defendant has no profit from this case.

In addition, the defendant is subject to criminal punishment of a fine once every 27 years.

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