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(영문) 전주지방법원 군산지원 2018.10.31 2018고정302
전자금융거래법위반
Text

1. The sentence against the accused shall be 2,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall transfer any medium for access to electronic financial transactions issued by a financial institution.

On December 2, 2017, the Defendant agreed to the effect that he would give a loan to an account opened in the name of C Co., Ltd. from a non-person in the name of the Defendant at a Gun shuttle bus terminal located in the 30th of the sea network, and the Defendant sent a paper containing one passbook, which is an access medium connected with C Co., Ltd.’s corporate bank account (D), one physical card, and one password, and the paper indicating the name of the Defendant, using the express bus cargo delivery service.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Notification of data on current status of financial transactions, issuance of a certificate of transfer confirmation, copy of an application for transaction, statement of account classification, and application of statutes on transactions by entry and withdrawal;

1. Relevant legal provisions concerning criminal facts, Article 49 (4) 1, and Article 6 (3) 1 of the Act on the elective Financial Transactions, the selection of fines, and the selection of fines;

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

1. In light of the fact that the instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, not only undermines the safety and trust of financial transactions, but also can be abused as a means of other crimes, and that the account transferred by the Defendant was used for the actual fraud, it is necessary to strictly punish the Defendant.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act are determined by comprehensively taking account of the fact that the defendant seems to have no profit from the crime of this case.

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