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(영문) 대구지방법원 서부지원 2018.05.03 2017고단2661

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

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 November 10, 2016, the Defendant sent a physical card to the front of the building B in Daegu-gu, Daegu-gu, the Defendant received a proposal from a person without a name to receive KRW 60,000 per day, and sent a passbook connected to the bank account (C) in his/her name and one physical card to a person with no name using the multiple Kwikset services on the road.

was issued.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Search and seizure inspection warrant and reply;

1. Application of Acts and subordinate statutes on receipts and account transactions;

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.