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(영문) 대구지방법원 서부지원 2018.10.17 2018고단565

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium for electronic financial transactions.

On January 5, 2018, the Defendant, via a mobile phone, sent a cell phone call to the effect that “I need another person’s account to use it for entering and withdrawing a sports earth company, and I wish to offer the account number and password to KRW 4 million per one account if I know that I would know the account number and password.”

Defendant for the same year

1. 10. In front of the Defendant’s house located in Daegu-gun Group B, Kwikset Service sent a physical card linked to the Defendant’s C Bank D account under the Defendant’s name through Kwikset Service and sent its password to E in a way of informing the name in an electronic financial transaction access medium.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of replies to requests for financial transaction information;

1. Articles 49(4)1, 6(3)1, and 6(3)1 of the Act on the Electronic Financial Transactions in the pertinent Act concerning criminal facts (including the fact that the criminal defendant is against himself/herself at the time of committing the instant crime, the fact that he/she has no record of the same crime, the number of transferred access media, and other circumstances shown in the instant argument);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;