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(영문) 대구지방법원 서부지원 2016.12.22 2016고단2265
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or acquire any means of access used in electronic financial transactions.

On May 2016, the Defendant was contacted with the Defendant that “a loan may be made by creating a loan to ordinary people, and a loan may be made at a low cost” through a cell phone from a person with no personal seal in the name of a police officer. When sending a check card, the Defendant would receive money.”

Although the Defendant was well aware of the fact that the crime of Bosing fraud using another person’s account was character and conduct, and that there was no request for a physical card and password in order to obtain a loan, the Defendant did not have any safety device to receive the above physical card back to his name and receive the above physical card from Kwikset service article through Kwikset service article.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application for opening accounts of community credit cooperatives and application of Acts and subordinate statutes on account transactions of community credit cooperatives;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

1. Selection of a selective fine for punishment (i.e., the confession and the attitude to reflect in depth, the fact that the crime was committed once, and the defendant has no past record of punishment exceeding the previous punishment and fine);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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