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(영문) 대구지방법원 2020.01.30 2019고단5461

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person may transfer or acquire a means of access.

On July 4, 2019, the Defendant received a proposal from a person without his/her name to "on the face of sending an account number, password, authorized certificate, and password, he/she will make a part-time feet of KRW 100,000 per day after checking whether the account is safe, and consented thereto, and then received KRW 100,000 in return for sending the account number, password, authorized certificate, and the password of an authorized certificate to a person with no name via a mobile phone at the Defendant's residence located in subparagraph c of the building B in the Gyeongbuk-si in the 19:11 on the same day, and received KRW 10,000 in return.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on transfer;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was that the Defendant transferred the means of access, and the liability for the crime is not somewhat weak in the case where the means of access transferred is used for the act of fraud, etc.

However, the fact that the defendant is recognized to commit a crime and there is no record of committing the same kind of crime, etc. The defendant's age, character and conduct, family relationship, home environment, and circumstances before and after the crime of this case, etc. shall be determined like the order, taking into consideration the sentencing conditions as shown in the records of this case.