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(영문) 대구지방법원 2018.08.21 2018고단1828

전자금융거래법위반

Text

Defendant shall be punished by a fine of seven 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

Except as otherwise expressly provided for in any other Act, no person shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, at around 10:00 on August 22, 2017, the Defendant: (a) received contact from a person without his/her name from around 10:0,00, that “it is possible to borrow a e-mail card up to KRW 25,00,000 per each account by raising his/her transaction performance; and (b) accepted such contact; and (c) transferred the e-mail card connected to the account of the Daegu Bank in the name of the Defendant from around 20, 32:0 on the street around 20, 201, to Kwikset-si, Hakset-si, Busan; and (b) transferred the password to another person with a personal name and an access medium in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes governing the provision of financial transaction information;

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

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;