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(영문) 대구지방법원 포항지원 2018.07.20 2018고정163
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 21, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act in the Daegu District Court Port Support on February 21, 2018, and the judgment became final and conclusive on May 17, 2018.

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On November 2017, the Defendant is required to improve the credit rating in order to obtain a loan from a person who is in a name in the name of the deceased and in the currency while in his currency.

The phrase “a request to transfer a physical card to which the details of the transaction can be unfolded,” and the phrase “a request to transfer an access medium to a name-free person by accepting the request.”

Around that time, the Defendant sent physical cards connected to the Defendant’s name bank account (Account Number C) and the Agricultural Cooperative Account (Account Number:D) as Kwikset Services.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to F and G;

1. A protocol of seizure and a list of seizure;

1. Previous convictions: Inquiry of criminal history, reporting of the results of previous convictions without disposition, and applying Acts and subordinate statutes to investigation reports (verification of the records of the same kind of crime as the suspect);

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 Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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