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(영문) 서울남부지방법원 2018.03.09 2017고정1261
전자금융거래법위반등
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

The defendant is a person who is engaged in the daily occupation of construction.

(a) No person who violates the Electronic Financial Transactions Act shall transfer or acquire any passbook, a password necessary for using the cash card, or a user number, etc. registered with a financial institution or an electronic financial institution, or establish a pledge thereon, which is an access medium for electronic financial transactions;

Nevertheless, around February 7, 2014, the Defendant transferred the name influort to a person who is in a name, using cargo delivery to the head of the Saemaul Treasury (Account No. B) through the name of the Defendant, and the physical card from the shuttle bus terminal 1416 Cheongju-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Accordingly, the defendant transferred the head of Tong and e-mail card, which is an access medium, to another person.

(b) A person who does not indicate his/her name of embezzlement intends to grant a loan to the victim C;

The defendant, by deceiving the transferred account as referred to in paragraph (a), deposited KRW 990,00 won and KRW 850,000,000,000 to the transferred account, and the defendant, despite being aware that the victim was the money deposited by the victim, he embezzled the account by withdrawing KRW 184,00,00 by withdrawing the account at the Saemaul Treasury on February 10, 2014, even though 2 was in the north-Gu, a considerable amount of 116-12.

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. Details of transactions by account;

1. Application of the statutes governing an application for opening an account;

1. Relevant legal provisions concerning criminal facts, Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions (a violation of the Electronic Financial Transactions Act), Article 355 (1) of the Criminal Act (a violation of the Electronic Financial Transactions Act), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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