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(영문) 대구지방법원 서부지원 2018.05.01 2017고단1638
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or acquire any access medium.

Nevertheless, on June 2016, the Defendant transferred the physical card, each of which was linked to the Agricultural Cooperative Account under the name of the Defendant, and the name influent singing organization using D numbers, to the name influent singing organization using D numbers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A reply to the petition, deposit certificate, or data from the account;

1. A investigation report (the analysis of suspect A mobile phone calls, details of account transactions used for the crime of this case, and telephone conversations of suspect), telephone conversations, and statement of account transactions in Nonghyup;

1. Application of investigation reports (additional submission of details of transaction in the Nong AC account), investigation reports (Attachment of details of transaction in the Nong AITBR Team reply and confirmation of the details of transaction in the Nong AF Account and the details of the amount of damage deposits), investigation reports (Attachment of response data to a request for provision of communication confirmation data), investigation reports (verification of application details of loss and suspension of use of the NongC Account in the name of the suspect A), investigation reports (verification of request for provision of communication confirmation data, etc.) and investigation reports (the confirmation of the phone number of the suspect call

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is a crime that facilitates the fraud of the so-called “singing” which is socially problematic. It is not good that the crime is committed in that the Defendant’s illegally lent access media actually used to commit the above fraud and actually generated the victim.

In addition, the defendant has consistently interfered with the investigation in the course of investigation.

However, the defendant is forced to make a confession at the latest in this court.

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