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(영문) 수원지방법원 여주지원 2016.11.11 2016고단1040
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person may transfer or acquire a means of access.

Nevertheless, around June 3, 2016, the Defendant received text messages stating that “at least 2 million won shall be paid at least 2.5 million won if the account is transferred.” On June 4, 2016, the Defendant agreed to send the Defendant’s cash card, etc. on the condition that the account is received KRW 2 million per each account in contact with the person under whose name was unknown. At around June 4, 2016, the Defendant transferred a new bank (Account Number B), the cash card, password, etc. in the name of the Defendant under the name of the Defendant through an article of Kwikset Service (Account Number B), the National Bank’s account (Account Number C) and the National Bank’s account (Account Number C) to the person under whose name was unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A certificate of specification of transactions and a specification of transactions;

1. Application for bank transactions, customer information, and details of transactions;

1. Application of replies to requests for financial transaction information;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the judgment is rendered as per Disposition in consideration of the Defendant’s age, family environment, motive, means and consequence of the crime, circumstances after the crime, etc., such as the fact that the means of access transferred by the Defendant was actually used for telecommunications-based financial fraud, and the damage amount was KRW 4,200,00,00,000, and that the Defendant was committed against himself/herself, and that there was no other penalty power, except for punishment of KRW 1.5 million due to drinking driving in 2014.

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