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(영문) 대구지방법원 2015.11.05 2015고단4172
전자금융거래법위반
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

In using and managing the means of access, no one may transfer or take over such means of access, but the defendant "on August 10, 2014, the defendant shall have received mobile phone text messages from his/her person in an unwritten name, with "2.5 million won per month if a person has a human account" from his/her person in an unwritten name, and shall consent to the use or management thereof;

1. On the 11th day of the same month, at a sexual post office located in the Seogdong, Daegu-gu, Daegu-gu, the head of the Tong/Dong account (B) in the name of the defendant and the check card was sent to the above person in the name of the defendant;

2. On the 12th day of the same month, at the same place as above paragraph 1, the passbook and check card in the account of community credit cooperatives (C) in the name of the defendant was sent to the above person in whose name the account was named.

Accordingly, the Defendant transferred the means of access to electronic financial transactions to others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A statement of transactions of community credit cooperatives;

1. Application of Acts and subordinate statutes on details of financial transactions, inquiry into financial transaction, provision of financial information, establishment and inquiry of financial information, and application for subscription;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 48 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act does not apply because of failure to set the sentencing guidelines (whether to apply the sentencing guidelines). [Judgment of sentence] The Defendant’s crime results in providing the so-called passbook used for the commission of fraud, such as Bosing, etc., which has a significant social hazard. In fact, 5.65 million won was deposited without permission in the post office account under the name of the Defendant, and the means of access was transferred to two persons. However, the Defendant appears to open and transfer the passbook of this case only with a proposal to offer money. The Defendant appears to have failed to gain any profit, and the Defendant’s mistake.

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