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(영문) 대구지방법원 서부지원 2018.05.03 2018고단310

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

On November 15, 2017, at around 16:30, the Defendant sent a head of physical card connected to his name to the Saemaul Treasury Account (C) in front of the Seo-gu, Daegu-gu's residence through Kwikset service and transferred a password to his name-oriented person, and notified the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Answer of each material;

1. Application of Acts and subordinate statutes, such as verification of transaction details;

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. Strict punishment is required for the transfer of media access to the sentencing of Article 334(1) of the Criminal Procedure Act, which can be abused as a means of other crimes, such as scam, etc.

In fact, there was fraud damage related to the defendant's access media transferred by the defendant.

However, the fact that the defendant recognizes his mistake and reflects his mistake, and that the defendant has no criminal history, etc. are considered as favorable circumstances.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.