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(영문) 의정부지방법원 고양지원 2016.05.13 2016고정141
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium unless otherwise expressly provided for in other Acts in using and managing the access medium.

Nevertheless, on November 2014, the defendant sent to Kwikset the above name-based passbook No. 1 and cash card to the above name-based person on the ground that the name-based person, who became aware of in the name-based game near the defendant's house located in Paju-si B, borrowed the agricultural bank passbook No. 3 and cash card under the name of the defendant.

The passbook and cash card, which are media access to electronic financial transactions, were transferred.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Warrant reply data (agricultural Cooperatives) (the defendant lending a passbook, etc. to an initial investigative agency without compensation;

Since it is stated that the other party cannot be identified and there is no way to receive a return, the application of the law shall be made regardless of the receipt of the price).

1. Article 49 of the Act applicable to the facts constituting a crime and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) of the same Act (Selection of penalty);

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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