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(영문) 대구지방법원 2017.02.03 2016고정1763
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is under suspension of execution, which became final and conclusive on September 19, 2015, after being sentenced to one year of imprisonment for fraud and two years of suspended execution at the Daegu District Court on September 11, 2015.

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing an access medium used for electronic financial transactions (criminal facts).

Nevertheless, on April 12, 2016, the Defendant transferred to D, through Kwikset service, one passbook and one physical card connected to Kwikset’s account in the name of the Defendant, on the condition that the Defendant received 10% of the deposit amount from D, which became known in Daegu-gu Office Office Office 915 of Officetel 915 of the Internet folch.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement of the police statement related to G;

1. Each written statement and each written statement of H, I, and J;

1. Application of investigative reports (verification of the facts during the period of suspension of execution) Acts and subordinate statutes;

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

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