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(영문) 대구지방법원 2015.05.15 2015고정493
사기등
Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer the means of access for electronic financial transactions;

Nevertheless, on April 3, 2014, the Defendant opened an account of community credit cooperatives under the name of the Defendant in Daegu-gu community credit cooperatives (B) with a view to opening the account under the name of the Defendant. Around that time, the Defendant transferred the means of access, such as Internet banking ID and security card number, to a person whose name cannot be known.

2. On April 7, 2014, the Defendant posted a letter stating that “The gallony lusium 20,000 won is sold” on the Internet NAVa website without having intention or ability to sell a mobile phone, and received KRW 60,00 from the victim C via the account of community credit cooperatives (B) in the name of the Defendant with the aforementioned mobile phone price.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Attached warrant documents (application for subscription, CCTV photographs, etc.);

1. Details of trading;

1. Application of the statutes governing the screen of text messages and posting of Internet carbook;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 1, 6 (3) 1 of the Electronic Financial Transactions Act (the transfer of means of access, the selection of fines), and Article 347 (1) of the Criminal Act (the point of fraud and the selection of fines);

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

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