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(영문) 대구지방법원 서부지원 2018.08.23 2018고단1153

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, at around 22:00 on December 4, 2017, the Defendant transferred Kwikset Service Articles 2 and 2 of Kwikset’s account number and 300,000 won per day from a person whose name is unknown, with the condition that he received 300,000 won per day from a person whose name is unknown, the Defendant transferred Kwikset Service Articles with the respective account number (E) and 2 of F Bank Account (G) and the corresponding C Card’s password to a person whose name is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with H;

1. Application of the detailed statement of deposit transactions, customer information inquiry table, details of deposit and withdrawal transactions, and the Acts and subordinate statutes of the F Bank's account list;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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. Strict punishment is required as it can be abused as a means of other crime, such as tax evasion, singing, etc., by transferring media access to the grounds for sentencing of Article 334(1) of the Criminal Procedure Act.

In fact, there was fraud damage related to the defendant's access media transferred by the defendant.

However, the defendant's mistake is recognized and reflected, and the defendant has no same criminal history, etc. shall be considered as a favorable situation.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.