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(영문) 대구지방법원 서부지원 2019.05.22 2018고단3603

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

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

On June 10, 2018, the Defendant heard the statement to the effect that “a person who is a credit company and sent a e-mail card, if sent, will provide a loan to KRW 30 million by accumulating transaction records.” On June 11, 2018, the Defendant sent the e-mail card of the Defendant’s name bank account (C) to a person who is not known through the post office’s home page, without securing any means of guaranteeing the right to receive the e-mail card from the e-mail, Daegu-gun Multi-Eup, Daegu-gun, without securing any means of guaranteeing the right to receive the e-mail card from the e-mail, and notified the Defendant of the password of the above account in D message.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The statement of transaction, B bank reply data [the defendant asserts that his act was unaware of whether his act was a crime, but the defendant's assertion is without merit since Article 16 of the Criminal Act is not applicable as a mere legal site, so the defendant's assertion is without merit]; and

1. Relevant Article on criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act regarding the selection of punishment, and the selection of fines (the nature of the crime in this case is without fault, the fact that the defendant is against himself, the fact that the profit gained from the crime in this case is not significant, the primary crime, and other circumstances shown in the argument in this case);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;