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(영문) 수원지방법원 여주지원 2016.11.04 2016고단1021
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

[criminal power] On December 7, 2015, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution in the branch court of Suwon District Court on December 7, 2015, and the said judgment became final and conclusive on December 15, 2015.

【Criminal Facts】

No person may transfer or acquire a means of access.

Nevertheless, at around 18:00 on November 17, 2015, the Defendant: (a) received contact from a person who has no name, and agreed to send the Defendant’s cash card, etc. on the condition that he would receive KRW 3 million; and (b) transferred the cash card, password, etc. of the national bank account (Account Number:C) opened in the name of the Defendant using the bus board from a quantitative terminal located in the Yang-si Yang-si Yangyang-si, Gyeonggi-gu, Yangyang-gun, Yangyang-gun, to a person who has no name, the Defendant transferred the cash card, password, etc. in the name.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Account transactions and account transactions;

1. Search, seizure, verification warrant and reply;

1. Previous records: Application of Acts and subordinate statutes, such as inquiry reports;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the means of access transferred by the defendant is actually used for telecommunications-based financial fraud and the victim has occurred, and that the defendant is committed against himself/herself, and that the defendant does not seem to have any profit from the crime in this case. It is so decided as per Disposition in consideration of the defendant's age, family environment, motive, means and consequence of the crime, circumstances of the crime after the crime, etc.

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