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(영문) 전주지방법원 2015.11.10 2015고정281
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 4, 2013, the Defendant: (a) sent a passbook (Account Number B) and a cash withdrawal card established under the name of the Defendant on the street of Gangdong-gu Seoul Metropolitan Government on the street; (b) received 50,000 won in cash from a person who was missing in his name, along with a password; and (c) delivered a passbook of community credit cooperatives (Account Number C) and a cash withdrawal card established under the name of the Defendant on the street of Gangdong-gu Seoul Metropolitan Government, along with a password, to a person who was missing in name; and (d) received 50,000 won in cash.

Accordingly, the Defendant transferred the means of electronic financial transactions individually as above.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of D, E, F, G, H, I, J, and K;

1. Each petition of D, E, F, G, H, I, and J;

1. Application of Acts and subordinate statutes on internal investigation reports (verification and transfer of an account opening point, opening point and transfer, confirmation of an account opening point, transfer of case, confirmation of an account opening point and transfer of an account opening point);

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) concerning the relevant provision of criminal facts and the selection of punishment, respectively;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that there is no record that the accused has been punished for the same kind of crime; (b) the accused has led to the confession by the investigative agency; and (c) the transfer of the means of electronic financial transactions requires strict punishment inasmuch as the means of access can be abused for other crimes such as ensuring the stability and reliability of electronic financial transactions; (d) the occurrence of victims of other crimes by the means of access actually transferred by the accused; and (e) the fact that the accused has the records of having been punished several times due to fraud, etc.

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