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(영문) 대구지방법원 2017.08.01 2017고단2830

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions.

Nevertheless, on March 25, 2014, the Defendant: (a) received a proposal from a person without his/her name to “to grant a fee of KRW 2,00,000,000 per month from a person who borrowed the passbook” through text message; and (b) sent Kwikset service articles, who sent the name in front of the “C Real Estate” located in Daegu Northern-gu B, Daegu, Seoul, to the Defendant’s post office account (D) in the name of the Defendant; and (c) delivered one passbook and e-mail card, which is an access medium of the Agricultural Bank Account (E); and (d) transferred access media in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Inquiry into details of financial transactions and application of statutes on financial transactions;

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 12837, Oct. 15, 2014) regarding criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (the defendant has committed this case during the period of repeated crime, but the defendant has no record of the same crime, and the defendant has experienced economic difficulties, resulting in the crime of this case, and the defendant will not repeat again;

In consideration of the fact that the fine is being determined, the fine was selected)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;