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(영문) 대구지방법원 2020.06.23 2020고단970
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or transfer a means of access used to secure the authenticity and accuracy of users and the details of such transaction.

On October 16, 2019, the Defendant: (a) received a proposal from a nameless beneficiary of the name that he/she had become aware of through Internet advertisement, that “the first account will be paid KRW 500,000,000 for the first account if he/she transferred his/her own name; and (b) 2,50,000 won for the second account from the second account,” and (c) the Defendant’s Association Account (E), check card, OTP card, etc. at the 196 Gyeongsan-si bus stops located at the 196 Gyeongsan-si Gyeong-si, Gyeong-si; and (d) opened the named beneficiary through freight transport on October 17, 2019.

Accordingly, the Defendant transferred the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the details of transactions in the DF bank account, text messages, photographs, internal reports (inspection and verification of investigation documents in similar cases), investigation reports (as to the reasons for multiple DF bank accounts in the name of a suspect), investigation reports (Attachment to the AF bank account details), and the FF bank account details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Article 40 of the Criminal Act does not apply to the applicable provisions of the commercial concurrent indictment, but this case was indicted by the Defendant’s act of having transferred several means of access at once on October 16, 201 and October 17, 2019, respectively. In the case where several means of access are transferred at once, the case is in a commercial concurrent relationship, and even if this is added, it does not substantially disadvantage the Defendant’s exercise of his/her right of defense, and thus, is added ex officio.

As of October 16, 2019, Articles 40 and 50 of the Criminal Act.

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