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(영문) 대구지방법원 서부지원 2018.05.10 2017고단2872

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 4, 2017, the Defendant received a written message stating that “When sending a passbook or a e-mail card, the Defendant would give KRW 2 million per account per account” from a person in the name of the Defendant in the name of the Plaintiff, and contacted the Defendant in the name of the account, and then sent a total of two e-mail cards, including a e-mail card, linked to the Defendant’s Bank Account (D) and a e-mail card, linked to the Defendant’s Daegu Bank Account (E).

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A trading statement;

1. Statements on financial transaction details;

1. Application of text-based statutes;

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. Strict punishment is required for the transfer of media access to the sentencing of Article 334(1) of the Criminal Procedure Act, which can be abused as a means of other crimes, such as scam, etc.

In fact, there was fraud damage related to the defendant's access media transferred by the defendant.

However, the defendant's mistake is recognized and reflected, and the defendant has no same criminal history, etc. shall be considered as a favorable situation.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.