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(영문) 대전지방법원 2019.08.28 2019고단55
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant was sentenced to six months of imprisonment at the Suwon District Court on January 16, 2018 for a violation of the Road Traffic Act, and the said judgment became final and conclusive on June 8, 2018.

1. On August 2017, the Defendant received the proposal that “I would make a loan by manipulating the cash card, passbook, OTP card, etc. on the face of the trading performance from a person who has no personal standing in the sphere of Suwon-si, Suwon-si, the Defendant sent the passbook, cash card, and OTP card, which is linked to the bank account in the name of C (E) in the name of the Defendant as his representative, and notified the person who has no personal standing in the name of the Defendant.

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

2. On December 2017, the Defendant received the proposal that “The Defendant would make a loan by manipulating the transaction performance of debit cards, passbooks, OTP cards, etc. from the person who was not his/her name,” and notified the above person who was not his/her name, of the fact that he/she transferred the passbook, debit card, and OTP card that are linked to the FFF account in the name of the Defendant Company C as his/her representative.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to H and I;

1. Data on replies to D Banks, reports on internal affairs (the result of the analysis of utilization of I2), J bank replies, statements of transactions by the victim's account transfer, and statements of transactions by warrant;

1. Before ruling: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to judgment);

1. Relevant provisions of the Act on Criminal facts and the choice of punishment, respectively, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;

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