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(영문) 대구지방법원 서부지원 2017.11.23 2017고단1516

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 6, 2017, the Defendant is a mobile phone from a person who is not in the name of the Defendant, and is the B agency for the Life Savings Bank.

In order to enhance credit rating in order to lend 3,000 won, the lending will be approved by raising the transaction performance on the face of the card.

“The contact was received to the effect that “.......”

Although the Defendant was well aware of the fact that fraud by using another person’s account is character and conduct and that there was no request for a physical card and password in order to obtain loans, on April 8, 2017, at the front of the D cafeteria located in Jung-gu, Daegu-gu, Seoul-gu, about April 16:00, the Defendant sent two physical card totals, such as one physical card connected to the Defendant’s Nonghyup Bank Account (E) and one copy of the Defendant’s Enterprise Bank Account (F) to the Defendant, through Kwikkset, and did not provide any security device to receive the above transmission of the physical card.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of transaction specifications, financial transaction replies and Acts and subordinate statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order has no record of punishment exceeding the same kind and fine for the defendant, and the fact that the defendant has no economic benefits acquired in this case has no economic benefits, etc. shall be determined by taking into consideration the circumstances favorable to the defendant, the