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(영문) 대구지방법원 2017.04.28 2016고정764
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium used in electronic financial transactions or set up a pledge thereon.

Nevertheless, on November 201, 201, the Defendant transferred a passbook (Account Number B) and a physical check card under the name of the Defendant to the deceased in the Daegu Dong-gu, Daegu-gu, Dong-gu, 201, by mail.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of investigation reports (Account Number Confirmation), transaction details, and disposable new data-related Acts and subordinate 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 an alternative fine for 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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