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(영문) 대구지방법원 2017.08.11 2017고단2932
전자금융거래법위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On April 21, 2017, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Daegu District Court, and the said judgment became final and conclusive on April 29, 2017.

Except as otherwise expressly provided for in any other Act, no person shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions.

Nevertheless, at the end of July 2016, the Defendant received the text message stating “the high-profit Alba,” from the phone number of the said message, and contacted with the phone number of the said message, and sent 7% of the money transferred after lending the company’s funds and moving money to the company, using it, may be punished from KRW 80,000 to KRW 10,000 in one month,” and thereafter, accepted the proposal, and around that time, the Defendant transferred the physical card, which is the access media of the Defendant’s name bank account (C) in Seoul, to the Philippines, and transferred the access media in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Details of transfer and each statement of deposit transaction performance certificate;

1. Previous convictions: A reply to inquiries, such as criminal history, summary information of the case, and application of each statute described in the judgment;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

1. The latter part of Article 37 of the Criminal Act: (a) the account transferred by the Defendant for the reason of sentencing under Article 39(1) was used for the criminal act of Bosing; (b) the Defendant was punished once for the same kind of crime, but the access media transferred by the Defendant is only one, and the crime of this case is in the concurrent relationship between the crime of fraud, etc. for which the judgment becomes final and conclusive, and Article 39(1) of the Criminal Act provides that the same shall apply to cases where the judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

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