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(영문) 대구지방법원 서부지원 2016.10.21 2016고단1514
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 2015, the Defendant received a telephone call from the first police officer to the effect that “When opening a passbook and informing him of the password, the Defendant will give KRW 3 million, and then see and thrown down the password card.”

12. The Defendant promised to receive 3 million won by telephone in front of a restaurant in Daegu-gu, the Defendant: (a) promised to receive the above 3 million won; (b) sent the identification number of the bank B account in the name of the Defendant to the person in default; and (c) sent the means of access for electronic financial transactions, such as the physical card, related to the said account through Kwikset Service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning specification of transactions;

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

1. Articles 70 (1) 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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