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(영문) 서울서부지방법원 2015.12.17 2015고단2081
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On June 10, 2015, the Defendant received a proposal that “the Defendant shall grant 1.5 million won per unit when transferring the account,” by telephone from an unqualified person at the Defendant’s residence located in Eunpyeong-gu Seoul, Seoul, and received it on the same day, and then sent the passbook, cash card, and passwords of the Defendant’s name bank account (C) through Kwikwikset service article in the vicinity of Yongsan-gu, Seoul on the same day.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to search, seizure, reply to warrant of verification, and data reply;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, and environment, shall be determined by comprehensively taking into account all the factors indicated in the instant pleadings.

The Defendant led to the instant crime, and is against himself.

B. The Defendant is a primary offender.

C. The financial account transferred by the Defendant was used for telephone financial fraud crimes.

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