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(영문) 대구지방법원 서부지원 2018.08.22 2017고단3206

사기방조등

Text

Defendant shall be punished by a fine of four 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 take over any access medium or lend or take over such an access medium in return for payment.

Nevertheless, on June 2, 2017, the Defendant sent to F a total of two copies of the physical card connected to the Defendant’s name B bank account (C) and D bank account (E) at the fyp bus terminal located in Daegu-gu, 129-10, the center of the fypung Pung-si, Daegu-ro, 129-10.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Details of account transactions, and application of the Acts and subordinate statutes on bank reply data;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (the amount of fine shall be determined, taking into account the various circumstances shown in the pleadings of the instant case, including the fact that the Defendant is against the time when committing the instant crime, the fact that there is no particular criminal history except the punishment imposed once for the instant crime, the amount of damage, the number of accessible media transferred, and the amount of fine);

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;