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(영문) 대구지방법원 김천지원 2015.11.06 2015고단1080
전자금융거래법위반
Text

A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On March 16, 2015, the Defendant: (a) was unable to transfer or take over the electronic card, electronic information and password, etc. corresponding thereto; or (b) was unable to set up a pledge on the said card, etc.; (c) was to receive two million won in one account from an unqualified person in the name of the Plaintiff at a comprehensive bus terminal 72, Dong-dong, Nowon-gu, Seoul Special Metropolitan City; and (d) transferred the passbook, physical check, and security card to the account of community credit cooperatives (B) in the name of the Defendant by sending the terminal small cargo.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of the Kakao Stockholm message details and the Act and subordinate statutes on account details;

1. Relevant legal provisions for criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, the choice of a fine (in light of the amount of the price which was promised as a crime during the period of repeated crime, etc., the nature of the crime is not weak, but the crime is not provided, but the crime of defraudation by the transferee using the same was committed only once, and the amount of defraudation is also low, and other factors are taken into account such as the military service relationship of the accused, the current occupational relationship, the attitude of reflectment, and the outline of the punishment);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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