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(영문) 울산지방법원 2020.12.09 2020고정613

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall transfer any means of access in using and managing any electronic financial transaction unless otherwise specifically provided for in any Act.

Nevertheless, on February 10, 2020, the Defendant received a proposal to send the account number and password of a bank account from a person who misrepresented the B bank staff, and sent it to a mobile phone where the location cannot be known at around February 3, 2020. On February 3, 2020, the Defendant notified the account number and password of the bank account (D) in the name of the Defendant, and the authorized certificate number connected to the said account, and then transferred the means of access, using the authorized certificate, through a mobile phone, the Defendant sent it by means of “in a document”, and around February 10, 2020, sent the means of access to the said account.

Summary of Evidence

1. Application of the police investigative report (A e-mail submission data) to the defendant's legal statement E, and the statutes concerning the details of transactions of Kaxation;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act does not mean that the defendant's liability for the crime of transferring the means of access is less severe, but it is decided as per Disposition by reducing the fine amount of the summary order in part by comprehensively taking into account all the factors of sentencing as shown in the argument of the present case including the defendant's age, character and conduct, environment, circumstances of the crime, and circumstances after the crime.