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(영문) 대전지방법원 천안지원 2016.01.07 2015고정459
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium to another person, except as otherwise provided for in other Acts, in managing such medium.

Nevertheless, the Defendant, when sending a passbook from his/her name in return for the use of the passbook for three months, proposed that he/she will give 1.5 million to and two million won in one month in return, and around July 16, 2014, at the Pyeongtaek-si bus terminal, he/she opened the name in the name in the name of the Defendant using a cash card (C) cash account in the name of the Defendant; on July 25, 2014, at the bus terminal outside Pyeongtaek-si, other than Pyeongtaek-si, a new bank account (D) card in the name of the Defendant via a high-speed bus truck (D) account in the name of the Defendant; and on August 5, 2014, at the bus terminal outside Pyeongtaek-si, a bank account in the name of the Defendant in the name of the non-resident via a high-speed bus bus bus bus account; and on August 5, 2014, the Defendant opened the name in the name of the non-resident through a high-speed bus bus bus account (E) one cash card.

Accordingly, the defendant transferred the access media used in electronic financial transactions to others three times.

Summary of Evidence

1. Partial statement of the defendant;

1. Each description of the account classification statement attached to the police suspect examination record against the defendant, the list of accounts by account, and the details of transactions between the CMA accounts;

1. Statement made to F in the police statement protocol;

1. Application of each statute stated in a written confirmation of the results of electronic financial transfer, a statement of savings deposit transactions, and an inquiry of the history of account accidents;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts and the choice of punishment

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. The Defendant guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides three copies of the Cash Card, which is an access medium, to a person with no name, while recognizing the fact that he/she delivers it to the person with no name.

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