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(영문) 창원지방법원 2016.05.18 2016고정33
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[Criminal record] On November 25, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Changwon District Court Msan Branch branch, and the judgment became final and conclusive on February 26, 2016.

[2] Except as otherwise provided for in other Acts, no person shall lend an access medium to a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Nevertheless, on May 2015, the Defendant borrowed a passbook and a e-mail card to himself/herself as the head of the Tong needs to purchase a large volume of goods from the person on his/her name in the first place on May 2015.

“After receipt of the proposal and consent, on May 2015, 2015, the first patrol officer sent the passbook and one check card in the new bank account in the name of the Defendant through the KTX Cargo letter in the Busan East-gu Busan East-gu, Busan-gu, to Seoul-si, and around that time, known the phone number to the person who was missing the name.

Accordingly, the Defendant demanded or promised to demand the other party to pay the passbook, physical card, and its password, and used access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Records of transactions of automation machinery 1. Before judgment: Application of the text of the judgment of the Changwon District Court Decision 2015 Masan District Court Decision 566, 742, and 850 Madio 50 Madio Madio, summary information inquiries,

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act) is [for example, the criminal facts have been reduced due to changes in indictment after the summary order.

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