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(영문) 수원지방법원 성남지원 2016.05.20 2015고단2443
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 any access medium unless otherwise expressly provided for in other Acts in using and managing the access medium.

Nevertheless, on February 2, 2015, around 16:43, the suspect transferred the new bank account (E), foreign exchange bank account (F), city bank account (G), and (H) of each passbook and 4 head of the bank account and 4 head and password, each of which are linked to each account, to the Kwikset service article, respectively.

Summary of Evidence

1. The defendant's legal statement (the date of the fourth public trial shall be the date);

1. Statement made to I by the police;

1. Investigation report (to hear statements from Kwikset service engineers and report thereon);

1. A written application for account transactions, details of account transactions, application for account transactions (foreign bank), details of account transactions (foreign bank), details of account transactions, details of account transactions in the Korean bank account, and details of account transactions in the Korean bank account;

1. Application of Acts and subordinate statutes on telephone details;

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 Commercial Act (see Supreme Court Decision 2009Do1530, Mar. 25, 2010, etc.)

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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is likely to harm the safety and trust of financial transaction, and may be abused as a means of other crime; the head of a Tong, etc. leased by the Defendant was used for actual fraud; and the transfer of a large number of the Defendant’s check cards, etc., the Defendant cannot be exempted from the corresponding punishment.

However, the defendant's mistake is against his own mistake when it comes to this court, the defendant has no past record of criminal punishment, the defendant's awareness that the head of the Tong in this case was abused for the crime and the report of loss was made immediately, and the age and crime of the defendant are committed.

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