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(영문) 광주지방법원 목포지원 2016.01.26 2015고정515
전자금융거래법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No person shall transfer any access medium to financial institutions.

Nevertheless, around November 6, 2014, the Defendant transferred to C the access media of the State financial institution, beyond the cash card and password of the Agricultural Cooperative Account (Account Number D) in the name of the Defendant, in the state that the Defendant lacks the ability and decision-making capacity to discern things due to the disorder of division, etc. at the lower branch of the Agricultural Cooperative Party located under the Mapo City.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. E statements;

1. Details of financial transactions and CCTV reply materials [the defense counsel asserted that the defendant committed the crime of this case in the state of physical and mental weakness due to division disorder, the codification disorder, the codification disorder, and the evidence mentioned above are acknowledged, but the defendant suffered from frisome disease is recognized, in light of various circumstances, such as the circumstances leading to the crime of this case, the method and method of the crime, and the defendant's behavior before and after the crime of this case, the defendant was either unable or lacking the ability to discern things or make decisions due to the above disease at the time of the crime of this case.

As such, the above assertion is rejected.

Application of Statutes

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

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

1. Selection of a selective fine for punishment (such as the fact that the defendant seems to have repented his wrong, the fact that the defendant suffers from early illness, etc. and the defendant is the first offender who had no past record of criminal punishment, etc.);

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

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

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