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(영문) 대구지방법원 서부지원 2018.08.24 2017고단3058

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, on January 23, 2017, the Defendant is in charge of the liquor company and is in charge of another person's account in order to reduce taxes from those who are in charge of the liquor company through a mobile phone from the office of "C" located in Daegu achieved Group B around 09:45.

A postal card shall be sent and the account number and password shall be notified to the head of the household, and 2 million won shall be paid per day to the head of the household.

“In contact with the purport that the Defendant was “,” and had a mind to transfer the Defendant’s account.

On February 1, 2017, the Defendant sent two physical cards linked to the company bank D account in the name of the Defendant and the National Bank E account in the name of the Defendant via Kwikset Service, and opened a medium of access to electronic financial transactions to the name in a manner that informs the password of the above physical cards through Kakao Stockholm.

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. The document of F;

1. Notification of verification certificates and data on financial transaction status;

1. Application of Acts and subordinate statutes to a report on investigation (written confirmation of opening an account and report on details of account transactions), summary of the results of an investigation;

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. Taking into account the fact that the act of transferring media access to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act is abused as a means of other crimes, the defendant should be strictly punished. However, the fact that the defendant recognized his/her mistake and complained against his/her misconduct, and did not repeat the crime, and the defendant is the first offender who has no criminal history, the background of the crime, and economic circumstances, etc.