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(영문) 대전지방법원 2015.01.15 2014고정1334 (1)
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

No person shall transfer or take over a cash card or a passbook attached with his/her belt (a password necessary to use a cash card, a user number registered with a financial institution or an electronic financial institution), etc., or establish a pledge, or lease or take over such means of access in return for a consideration, or arrange the lending or taking such means of access, etc.

Nevertheless, around February 27, 2013, the Defendant transferred the passbooks and cash cards in the name of the bank account (C) in the name of the main bank account in the Dong-dong Complex of Daejeon-gu to Kwikset Service, and continued to transfer the passbooks and cash cards in the name of the national bank account (E) in the name of the main bank account in the name of (B) at the same place (E) around April of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or F;

1. Each police statement of G and H;

1. Application of seizure records and investigation reports-related Acts and subordinate statutes;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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