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(영문) 대구지방법원 서부지원 2018.07.13 2017고단2539

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium for electronic financial transactions.

Nevertheless, on July 31, 2017, the Defendant was called to the effect that “the Defendant would open a passbook and offer loans by accumulating transaction records if he/she knew of the password, etc.” from his/her name in the cell phone. On August 1, 2017, the Defendant sent a new bank D account under the name of the Defendant at the front of the restaurant, “C” in the name of the Defendant’s operation in Daegu-gu, Daegu-gu, and sent a password to the name in a way that he/she sent a new bank D account under the name of the Defendant and sent a password by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E’s authentic statement and written statement;

1. Application of Acts and subordinate statutes to inquiries as a result of transfer;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Since the act of transferring the media of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of other crimes, it shall be strictly punished. However, the Defendant recognized his/her own mistake and reflects his/her mistake, and the Defendant, in 2004, issued orders by taking into account all the circumstances, including the fact that there is no particular criminal history except for those punished by a fine of one million won due to a violation of the Road Traffic Act (driving) in 2004.