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(영문) 광주지방법원 해남지원 2017.12.21 2017고단394
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 2, 2016, the Defendant transferred the physical card, which is an access medium connected to the account (B) of the name of the Defendant at the place of the middle police officer, to the name in which the Defendant was named.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A list of transactions of automatic deposit and withdrawal of cash;

1. On December 14, 2016, the Defendant asserted that: (a) the details of the reply to the seizure warrant [Korean (D); and (b) the Defendant contained the instant physical card and passbook in a small saving depository operated by himself/herself at the E-gu headquarters; and (c) the Defendant merely stolen them; and (d) the Defendant did not transfer the said physical card to another person.

However, the following circumstances acknowledged by the court's legitimate examination of evidence are as follows: (a) the defendant opened a bank account (B) on December 14, 2016 and received the instant check and passbook; (b) on December 15, 2016, the above account was used for the scaming crime; (c) on December 15, 2016, if the amount deposited in the above account was immediately withdrawn and the defendant did not notify the above account, it would be impossible for others to know the password of the above account; and (c) on this point, the defendant stated the password of the account in the first page of the passbook with a cash, passbook, and physical card, and stated it in the first page of the passbook; (d) the defendant did not easily understand the fact that it was difficult for the defendant to report the theft of the passbook, without reporting the theft of the passbook. However, in light of the fact that it was difficult for him to understand the above fact that he did not have a personal identification card.

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