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(영문) 대구지방법원 서부지원 2020.01.22 2019고단2429

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 April 10, 2019, the Defendant listened to the phrase “a business operator providing personal loans, and would provide loans from KRW 5 million to KRW 6 million if he/she sent a e-mail card to the account to pay interest,” from a person whose name is unknown, and without securing at all the means of guaranteeing the right to receive the e-mail card around April 23, 2019, the Defendant sent the e-mail card of the Defendant’s name bank account (E) to Kwikset-gun B Apartment-gun, Daegu-gun, without obtaining any means of guaranteeing the right to receive the e-mail card from around April 23, 2019, and sent the password of the said account to F message.

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

Summary of Evidence

1. Defendant's legal statement;

1. A copy of G (including attached data);

1. An investigation report (in cases of closure data submitted by a suspect),

1. Application of the Acts and subordinate statutes to the response materials (transaction details, etc.);

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 singing, etc., under which the Defendant transferred, considering the circumstances unfavorable to the Defendant, such as the fact that the cream cards and the accounts of the Defendant connected thereto were actually used for singing, and the fact that the Defendant recognized the facts of the offense and divided, and that the first offender is the first offender, etc., shall be determined as per Disposition in consideration of the circumstances favorable to the Defendant.