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(영문) 대구지방법원 서부지원 2020.06.23 2018고단2915

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, on March 10, 2018, the Defendant listened to the purport that “a person whose name is unknown will make a loan of funds necessary on the day of lease by setting the limit of e-mail card up to 5 million won” by telephone from a person whose name is unknown, and on March 12, 2018, without securing the method of guaranteeing the right to return the e-mail card at around 11:00 on March 12, 2018, the Defendant sent the e-mail card in the name of the Defendant’s bank account (D) to a person whose name is unknown through Kwikset Service Articles, and informed a person whose name is unknown of the password of the above account to a Kakao Stockholm message.

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

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. Application of transfer certificates or statutes on financial transaction information;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the means of access, such as financial fraud, etc.

The means of access actually transferred by the defendant was used for financial fraud crimes.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, the circumstances favorable to the defendant are that the defendant responded to the request made by the defendant for the reason of the loan, and there are reasons for considering the motive for the crime, and that there is no criminal records punished by the defendant.

The defendant is favorable to this defendant.