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(영문) 청주지방법원 영동지원 2016.03.17 2015고단235
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 November 5, 2015, the Defendant was sentenced to six months of imprisonment for fraud in the Youngju District Court’s Young-dong branch support, and the judgment became final and conclusive on November 13, 2015.

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On July 10, 2014, the Defendant agreed to receive KRW 2,200,00 in return for transfer of passbooks and debit cards under the name of the Defendant by phone from a person who was unable to receive the Defendant’s name. On July 10, 2014, the Defendant sent in advance the name of the non-person who was issued the passbooks and debit cards of the bank account (Account Number B) opened in the name of the Defendant before the location of the bank located in the Sung-si-si-si-si-si-si. On July 10, 2014.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Provision of financial transaction information, certificates of deposit transaction records in Korean banks, and inquiry about personal information of customers;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List No. 14) 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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the transfer of an access medium for electronic financial transactions, such as the instant crime, can be used as another means of crime, and the quality of such crime is not somewhat weak.

In fact, the access media, such as debit cards, transferred by the Defendant, was used for the so-called “singing” crime, which is a telephone financing fraud, causing damage.

The defendant shall be a criminal act of different types.

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