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(영문) 대구지방법원 서부지원 2018.04.26 2017고단2667

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 one shall transfer any access medium, such as an electronic card or information equivalent thereto, which is used to issue instructions on transactions or to secure the authenticity and accuracy of users and the details of transactions in electronic financial transactions, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 11, 2017, the Defendant informed the Defendant’s account number (D) and passwords of the Defendant’s Nong Bank account to his name in the name in the real estate office located in Daegu-gu Office of Real Estate, and issued a ckwikset through the above account.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Answer to the execution of a warrant of search and inspection;

1. Application of Acts and subordinate statutes to a report on investigation (attached to data submitted by a defendant);

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 relations, etc., shall be determined as the order.