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(영문) 대구지방법원 서부지원 2018.08.21 2017고단1786

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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on March 11, 2017, the Defendant: (a) received a telephone offer from a person without his/her name to “to send a physical card if he/she sent it; (b) he/she would make a loan after accumulating his/her transaction performance; and (c) sent the head of the physical card connected to the national bank account (D) account in the name of the Defendant to the Kwikseter, prior to around March 14, 2017, and transferred the access medium to the above person without his/her name to the Kwikseter, who sent the head of the physical card connected to the national bank account (D) account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A complaint and a petition;

1. Investigation Report (Verification, etc.); - customer information and - Application of Acts and subordinate statutes of account transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the first offender of the defendant, and is against his mistake, and the defendant's name was deceiving the person who was not the defendant's name, etc., appears to have some and some circumstances to be taken into account in the circumstances leading to the crime of this case, such as deceiving the person who was not the defendant's name, and other circumstances that are conditions for sentencing, such as the defendant's age, economic situation, etc., shall be determined as per the disposition.