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(영문) 대구지방법원 포항지원 2016.07.21 2016고단395
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer any access medium to electronic financial transactions, except as otherwise provided for in any other Act, while using or managing access medium.

On March 7, 2016, the Defendant transferred one cash card connected to the credit union account in his name (Account Number C) from the south-gu, Nam-gu, Seoul-si, the Defendant transferred to a home-based engineer who sent it by a person who was unable to know his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to reports on internal investigation (Presentation of data on the financial transactions (deposit and withdrawal of truth persons; reply to a warrant of search and inspection of seizure);

1. Relevant law and Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and Trade for Which punishment is selected, selection of a fine concerning facts constituting an offense;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The account transferred by the Defendant was used for the criminal act of Bosing and causing damage; circumstances favorable to the Defendant committing the instant crime since the Defendant was suspended from indictment for the same kind of crime; the amount of damage caused by the instant crime was relatively low; and the Defendant was unaware of the fact that the passbook, etc. was to be used for the instant crime, such as Bosing and phishing; the instant crime was committed by the Defendant was committed in the course of receiving the loan; the Defendant was committed in the course of receiving the loan, and the Defendant is also deemed to have suffered damage; the Defendant did not have any particular criminal record except for those subject to the suspension of indictment; and there was a conflict with the fact that the Defendant recognized the instant crime.

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