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(영문) 인천지방법원 2016.12.14 2016고단5140
전자금융거래법위반등
Text

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

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

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer any means of access used in electronic financial transactions unless otherwise specifically provided for in any other Act.

Around May 1, 2016, the Defendant received a proposal from the Seo-gu Incheon, Seo-gu, Incheon, to the effect that he would give 3 million won per month if he/she lends the e-mail card from a person whose name is unknown, and the Kwikset Service Articles, whose name is unknown, deliver the e-mail card of the national bank account (B) and the SC Japan bank account (C) to the Defendant, and transfer the means of access by notifying the password.

On May 1, 2016, the Defendant, “2016 Highest 6597, the Defendant, at around May 1, 2016, agreed to receive a price from a person who has no name, lent a personal bank account (B) in the name of the Defendant, and when the money was deposited in the said account, he/she had the intention to withdraw and use the money with the knowledge that the money was another person.

On May 9, 2016, the Defendant came to know that KRW 8,200,000 has been deposited in the above account by the victim from the original son, and transferred KRW 8,000 to the account under the name of the mother D while keeping the said money for the victim. 2,00,000 won has been transferred to her husband E, and then embezzled by using the father’s care at the end of July 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

1. Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act and Article 355 (1) of the Criminal Act concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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