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(영문) 대구지방법원 서부지원 2018.03.20 2017고단1766

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 person shall transfer, deliver, receive, or engage in any other activity in using or managing access media.

Nevertheless, at around 16:00 on November 24, 2016, the Defendant sent to Kwikset service articles, who was named in front of the first Yong-Nam-nam, 101 Dong-dong, Yongsan-gu, Daegu-gu, Daegu-gu, Busan-si, 101 Dong-dong 9Ra, with one passbook connected to the bank account (B) opened in the name of the Defendant.

Accordingly, the defendant transferred the passbook, physical card, and password, which is an access medium, to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. A list of transactions for automatic deposit and withdrawal of cash;

1. To reply to a seizure warrant (detailed statement, etc. of transactions);

1. A remittance statement;

1. Application of Acts and subordinate statutes concerning search and inspection warrants and replies;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions 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 act of transferring media access to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act ought to be strictly punished as a means of other crimes, but the Defendant’s mistake and reflects it, taking into account the fact that it is recognized by the Defendant.