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(영문) 대구지방법원 김천지원 2015.11.18 2015고단979

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 person may transfer or acquire a means of access in using and managing the means of access.

On June 1, 2015, the Defendant was contacted with a person who was unable to know the name "on the face of sending a passbook, bank passbook, and check-up bank card through Kwikset Service, intending to lend the loan after checking it." On June 2, 2015, around 13:00, the Defendant transferred the check card, resident registration certificate, copy of resident registration certificate, etc. connected to the account of community credit cooperatives (C) in the name of the Defendant in the vicinity of the Defendant’s residence in the old-si Si, Nowon-si, Seoul, through Kwikset Service, and notified the password of the above account of community credit cooperatives by telephone.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning transfer transaction confirmation;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order can be abused as means of other crimes, such as singing, etc., as well as impairing the safety and trust of financial transactions. The passbook transferred by the defendant is also used for the crime of singing, etc.

Meanwhile, there are circumstances to consider the Defendant, such as the fact that the Defendant acknowledges the instant crime, reflects his mistake, and does not repeat again, and that the Defendant merely transferred the passbook, etc. to obtain a loan, but does not directly participate in the singishing crime, and that the Defendant appears to have no benefit from the instant crime.

(2).