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(영문) 전주지방법원 2018.06.22 2018고단716
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant will pay KRW 10,000 per day when he/she withdraws and delivers cash from the account under the name of C with a physical card drawn from C.

“On the proposal, I had the mind to take over an access medium, such as a physical card.”

The Defendant, around April 30, 2017, received physical cards and passwords connected to C’s bank account (D) from Seongbuk-gu, Seongbuk-gu, Seoul, Seoul, 102, “Seong-gu, 6-gu, the entrance of Seongbuk-gu.”

Accordingly, the defendant acquired the access media in collusion with the name-free person.

Summary of Evidence

Application of the law of F, G, H, I, J, K, or L’s written statement of the police to E in the police interrogation protocol against the defendant’s legal statement C

1. Article 49(4)1 and Article 6(3)1 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act, and the selection of fines for criminal facts

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 was aware that the Defendant was used for the crime, and even if having known that the instant access media was used for the crime, the Defendant was waiting in the possession of it to take charge of the role of withdrawal. Although there was no clear statement on the handling of the access media after the transfer, the access media of this case was determined as ordered by taking account of all the circumstances, including the fact that the instant access medium was used for the crime of selling goods, not for the so-called Bosing crime, but for the crime of selling goods, and the amount of damage was relatively small.

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