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(영문) 대구지방법원 서부지원 2018.04.11 2017고단2102

전자금융거래법위반

Text

Defendant shall be punished by a fine of four 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 any access medium in the use and management of such medium.

Nevertheless, the Defendant, on May 2014, received a proposal from a person under whose name the Defendant came to know through the Internet search, stating that he/she will offer KRW 700,000 per week of opening a passbook by telephone, and accepted it on May 8, 2014, from among Dong-gu, Daegu-gu, Daegu-gu, the Defendant opened each passbook, cash card, security card, and password connected to the account of KEB Han Bank (B) and the account of IBK Bank (C) located in the name of the Defendant in front of the Gu Office among Dong-gu, Daegu-gu, Daegu-gu, Seoul-gu, and received KRW 1.4 million in cash in return.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application for opening of each account, details of account transactions in a single bank, and application of statutes on account transactions in a bank;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a fine for selective punishment (the defendant is against himself/herself while committing the crime in this case, the primary offender, and other circumstances shown in the arguments in this case);

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;