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(영문) 대구지방법원 2016.01.07 2015고단5678
전자금융거래법위반
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On October 6, 2015, at around 13:45, 2015, the Defendant: (a) listened to the statement that “if he/she lends a cash card for three days, he/she shall grant a gift certificate of an amount equivalent to one million won to the above bank account in the name of the Defendant; (b) one cash card connected to the Daegu Bank Account (Account Number D); and (c) one cash card connected to the Saemaul Bank Account (Account Number E) in the name of the Defendant; and (d) one cash card connected to the Defendant’s name bank account (Account Number E); and (e) one cash card connected to the Defendant’s name bank account (Account Number F), and (e) sent three cards, including Kwikkset Bank’s service, through an article of Kwikset Bank’s service; and (e) informed the above account’s password to the above bearer.

As a result, the defendant promised to receive the price and used the electronic financial transaction access media to the name in the name of the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of an application for deposit transactions, details of each account transaction, and application of statutes on each passbook;

1. Article 49 (4) 2 and Article 6 (3) 2 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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including lending the cash card to three accounts by the defendant, the access media that the defendant lent to the defendant used for the crime of fraud: Provided, That it is not confirmed that the defendant was entitled to profit from the crime of this case, the defendant's mistake is divided and reflected, and the defendant has no power to do so, and other various circumstances such as the motive, circumstance, means and method of the crime of this case, circumstances before and after the crime of this case, and the defendant's age, sex behavior, career, environment, etc. as shown in the argument of this case, shall be determined as the disposition of this case.

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