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(영문) 대구지방법원 서부지원 2019.05.30 2019고단145

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

No person shall transfer the means of access to electronic financial transactions.

On April 10, 2018, the Defendant heard the statement from a person whose name is unknown to the effect that “the Defendant would provide loans up to KRW 10 million after inserting a credit rating by inserting a credit rating when sending the e-mail card,” and without securing any means of ensuring that the e-mail card can be returned on April 10, 2018, the Defendant sent the e-mail card of the national bank account (D) in the name of the Defendant to a person whose name is unknown through Kwikset Service Articles, and then informed the above person of the password’s password to the Kakao Stockholm messages.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of statutes on customer information inquiry table, the details of entrance and exit transactions, and the dialogue content;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the transferred means of access to various illegal acts, such as financial fraud.

The means of access actually transferred by the defendant was used for financial fraud crimes.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, the fact that the defendant is recognized to commit a crime, and the defendant has no criminal records of punishment or heavier punishment for the same crime, which is favorable to the defendant.

The fine shall be imposed in full consideration of the circumstances favorable to the defendant.