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(영문) 대구지방법원 서부지원 2017.12.20 2017고단1222
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall transfer or acquire a password, user number, etc. registered in a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, at the end of December 2016, the Defendant issued one Daegu-gu Franchising Bank (Account Number B) in the name of the Defendant, one otp security card connected to the above passbook, one otp security card, one emulp security card, one emulp (Account Number D) in the Defendant’s wife, and one emulp card connected to the above passbook, and one emulp card connected to the above passbook.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to report internal investigation (a search and seizure warrant reply-stock company above merp), request for provision of each communication data, report internal investigation (H counsel and telephone) and investigation report (C and telephone call);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of a selective fine for punishment (the fact that the defendant is against himself/herself while committing the instant crime, and that he/she is punished twice as a fine due to the instant crime, taking into account that he/she has no history of any particular crime, other than by suffering from punishment);

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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