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(영문) 대구지방법원 서부지원 2017.06.30 2016고단2742

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium for electronic financial transactions.

Nevertheless, on September 25, 2016, the Defendant: (a) sent a call from a person without his/her name to the effect that “it is an employee of a company engaged in any work related to the sports soil, and if he/she provides a bank account with a check card and provides a password, he/she would use one month and offer three million won per account using one account; and (b) transferred the Defendant’s account.”

On the 26th day of the same month, the Defendant sent a physical card connected to the Defendant’s D account under the name of the Defendant to Kwikset through Kwikset’s service, and immediately thereafter, sent a medium of access to the electronic financial transaction of the said account to information the password through text message.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes 6 copies of a certificate of deposit confirmation and a statement of transactions;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions, the selection of fines for criminal facts (including the fact that the criminal defendant is recognized and against himself/herself, and the fact that he/she is the primary criminal) under the relevant Act on Electronic Financial Transactions;

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;