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(영문) 대구지방법원 서부지원 2020.06.12 2019고단3609

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On July 22, 2019, the Defendant received a proposal from a person whose name is unknown to the Kakao Stockholm message that “on the face of sending the Kakao Television card,” and did not secure the method of guaranteeing the right to receive a return of the Kaka card on the same day, and provided Kwikseter with the name of the Defendant’s name attached to the D Bank Account (E) on the roads front of Daegu-gu Apartment apartment B, Daegu-gu apartment site C, where it is impossible to identify the Kakakseter’s name.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a letter of results of transfer, a document to cover a Kakakao Stockholm conversation, a photograph, warrant answer data, and a statement of transactions in the name of the defendant bank account;

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 act of transferring the means of access used in electronic financial transactions, such as the instant crime, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, requires strict punishment as an act assisting another crime, such as the singishing fraud, and the account of the Defendant transferred by the Defendant is actually used for the singishing fraud, etc. When considering the circumstances unfavorable to the Defendant, the fact that the Defendant recognized the facts of the crime and divided the facts of the crime, and the fact that the first offender is the first offender, etc., shall be determined by taking into account the circumstances favorable to the Defendant.