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(영문) 전주지방법원 2015.07.23 2015고정284
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

In spite of the fact that no person transfers, acquires, or establishes a pledge a password necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions, or a user number registered with a financial institution or an electronic financial institution, the Defendant transferred a passbook, cash card, or security card in the name of the Defendant to the unrefising bank, in front of the Nonghyup Bank located in Geumjin-gu, Seoul Special Metropolitan City on March 2010, the Defendant transferred the passbook, cash card, or security card to the unrefised person through Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. B’s petition;

1. The police statement concerning B;

1. Report on internal investigation (application for a warrant of search and seizure);

1. Application of Acts and subordinate statutes of search, seizure and verification warrants;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 12837, Oct. 15, 2014);

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 defendant recognized the crime of this case and has not been punished for the same kind of crime, but the defendant transferred the means of access to his name. The crime of this case requires strict punishment in light of the legislative purpose of the Electronic Financial Transactions Act to secure the safety and reliability of electronic financial transactions. The crime of this case requires strict punishment, the actual occurrence of the victim of the fraudulent act by the means of access transferred by the defendant, the defendant was sentenced to punishment due to robbery, injury by robbery, etc. In addition, the defendant's age, character, character, environment, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, etc. shall be determined as ordered by taking into account the various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case such as

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