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(영문) 대전지방법원 천안지원 2017.04.14 2017고단71
전자금융거래법위반
Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall transfer a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, on October 1, 2016, the Defendant borrowed an account from a company with an overseas sports soil site from a person who is in the name of the Defendant.

“On October 4, 2016, at around 11:00, one account was lent from the C convenience store located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si, to receive KRW 3 million, and one cash card, which is the access media of the Defendant’s bank account (D) in the name of the Defendant, was transferred in a way that the name was unexponed by using convenience.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (to attach photographs of records on cell phone calls of victims and account transfer details);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as the transfer of access media for electronic financial transactions can be abused as a means of other crimes. In reality, in this case, the access media transferred by the defendant is used for the crime of fraud, the defendant recognizes and reflects the crime, the defendant has no record of criminal punishment, the damage to the crime of fraud is highly likely to be recovered, and other circumstances shown in the trial of this case such as the defendant's age, sex behavior, environment, and circumstances.

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