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(영문) 대구지방법원 2017.04.27 2017고단957

전자금융거래법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, the Defendant was urged from a person under his name to offer a passbook of KRW 2 million per account at the face-to-face cost, and transferred the access media by informing the name-to-face and the password to the name-to-face, via Kwikset service article, on November 16, 2016, in front of the Daegu Bank Account (C)’s account in the name of the Defendant at around 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of the detailed statement of separate accounts, detailed statement of transactions, application for deposit transactions 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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The account transferred by the Defendant was used for the criminal act of Bosing, resulting in the victim.

The favorable circumstances: A first offense, confession and reflect on a crime.

Other conditions of sentencing, such as the defendant's age, sex, family relations, records of crimes, the circumstances of this case, and the future progress, shall be determined in the same manner as the order.