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(영문) 전주지방법원 2019.07.11 2019고단107
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, at around 10:00 on July 25, 2018, the Defendant sent a physical check from the name and microsane who misrepresented the D Loan Review Board E in the Defendant’s residence located in Seojin-gu B apartment C, Seojin-gu, Seojin-gu, Seoul, to the name and microsane, and sent a letter of check card connected with the F Bank Account (G) in the Defendant’s name through Kwikset service.

Accordingly, the Defendant transferred the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A H statement;

1. Application of Acts and subordinate statutes to data submitted by Defendant, such as a detailed statement of transfer of money from damage, details of account transactions, and text messages output;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant’s confession as to the instant crime.

Other circumstances that form the conditions for sentencing as shown in the records, such as the age, character and conduct, family relationship, motive and consequence of the crime, and circumstances after the crime.

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