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(영문) 대구지방법원 포항지원 2017.05.17 2017고단184

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 provided for in other Acts, no one shall issue a transaction instruction in electronic financial transactions or transfer or take over any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on September 26, 2016, the Defendant sent the check card of the Saemaul Treasury Account (B) in the name of the Defendant, through Kwikset Service, from the front side of the bus terminal located in Nam-gu, Nam-gu, Nam-ro 85, Nam-gu, Nam-gu. 85.

Accordingly, the Defendant transferred the above account access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written petition of D;

1. Application of the details of deposit transactions, specifications of accounts by account, and copies of bankbooks Acts and subordinate statutes;

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 sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is to be determined in full view of the following circumstances and other various sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: Circumstances in which the Cock Card transferred by the Defendant was actually used for the commission of the phishing crime: the first and half of the crime;