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(영문) 대구지방법원 서부지원 2018.07.04 2018고단15

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 August 8, 2017, the Defendant received a communication from a person in a name-based mobile phone to the effect that “any other person’s account is necessary to reduce taxes to operate the Lcar site abroad, and if the account number and password are notified, 2% of the remittance amount shall be paid as commission,” and the Defendant received a communication from a person in a name-based mobile phone to the effect that he/she will transfer the Defendant’s account.”

Defendant for the same year

8. In front of the “Donggu Daegu District” in Daegu-gu, Daegu-gu, 550, one physical card connected to the Defendant’s name bank B account under the name of the Defendant was dry-gu and the medium of electronic financial transaction access was dry-gu to the name partner by informing the name partner of the password by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to photograph the results of transfer, a written confirmation of the results of seizure, a warrant of search and seizure, reply to a Kakao conversation;

1. Articles 49(4)1, 6(3)1, and 6(3)1 of the Act on Electronic Financial Transactions concerning criminal facts (the fact that the defendant is against himself/herself at the time of committing the instant crime, the fact that he/she has no particular criminal history other than being punished by a fine on one occasion due to the crime of gambling, and other circumstances shown in the argument of the instant case shall be considered);

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;