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(영문) 대전지방법원 2015.02.05 2015고정53
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person may transfer or acquire the means of access in using and managing the means of access.

Nevertheless, on July 24, 2014, the Defendant received 5 million won from a person who was unaware of his name in front of the blind distance of the National Bank of Korea, the Defendant registered as an individual business operator under the name of the Defendant, and then sent each passbook, cash card, and password connected to the deposit account (B), the deposit account of the new bank (C), and the deposit account of the single bank (D) established under the name of the Defendant in the name of the Defendant to Kwikset service article.

Accordingly, the Defendant transferred the means of access to a third party.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes on details of transactions, replys to requests for details of financial transactions, replys to requests, certificates of transfer transactions, replys to single bank data;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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