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(영문) 대구지방법원 서부지원 2018.01.17 2017고단1413

전자금융거래법위반

Text

Defendant shall be punished by a fine of three 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 provided for in any other Act, no person shall transfer or take over any access medium to any third person in using or managing any medium access to electronic financial transactions.

Nevertheless, on January 2013, the Defendant reported Internet lending advertisements and sent a phone to the name-free person, and transferred the passbook, e.g., 50 to 6 million won per unit if he/she opened an account and transferred the passbook, e.g., check-up card.

“Around January 14, 2013, after receiving a proposal and consenting thereto, the national bank account (B) was opened in the name of the Defendant at the Dong-dong Comprehensive Financial Center in the national bank located in 1777 as of the Seo-gu, Daegu, Seo-gu.

On January 14, 2013, at around 19:00, the Defendant sent an article of Kwikset Service, who sent the name of the deceased on the roads near the Nwikset apartment located in the Seo-gu, Daegu-gu, Daegu-gu, Incheon-gu, to a paper stating a passbook, physical card, security card, and account password of the national bank account opened under the name of the Defendant.

Accordingly, the Defendant transferred the electronic financial transaction access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes concerning an application for transfer or new transaction;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;