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(영문) 대구지방법원 서부지원 2015.10.23 2015고단1123
전자금융거래법위반
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall transfer or acquire the means of access issued for electronic financial transactions by a financial institution or electronic financial business operator.

On February 2, 2015, the Defendant was offered a proposal to lend money when sending a certified copy of resident registration, physical card, etc. from a person with no name to a police officer.

The Defendant had previously sent a e-mail card in order to obtain a loan by such a way as above, and had experience in getting a loan without receiving a loan and having failed to receive a refund such as e-mail card, and thus, he thought that the above e-mail card can not be returned even if it was sent to the above e-mail.

Nevertheless, around 09:10 on February 27, 2015, the Defendant transferred a means of access used in electronic financial transactions, such as an enterprise bank account (B) bank account issued in the name of the Defendant, to a person who is not his/her name, using a high-speed bus housing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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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