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(영문) 대구지방법원 서부지원 2018.04.11 2017고단2173
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

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

Nevertheless, around June 2017, the Defendant, through a mobile phone, sent a contact to the effect that “the Defendant would open a passbook and offer a password and receive a loan if he knows the password, etc.” from a person without his name, and sentenced him to the transfer of the passbook.

On June 19, 2017, at the Daegu-gu apartment management office, the Defendant sent the access media for electronic financial transactions, such as physical cards connected to the new bank account in the name of the Defendant, via Kwikset Service, and sent passwords to the name in a way of informing the password by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as financial transaction details;

1. Determination of fines under Article 49(4)1, Article 6(3)1, Article 6(3)1, and Article 6 of the Act on Electronic Financial Transactions concerning criminal facts (the amount of fines shall be determined, taking into account the various circumstances shown in the argument of the instant case, including the fact that the Defendant is against himself/herself at the time of committing the instant crime, the fact that the Defendant has no record of the same kind of crime, the number of accessible media, the amount of damages, etc.);

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;

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