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(영문) 대구지방법원 서부지원 2019.06.11 2018고단2349
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall transfer any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction in using and managing the means of access, unless otherwise provided for in any other Act.

Nevertheless, around 14:00 on March 14, 2018, the Defendant received a proposal from a person whose name is unknown to the effect that “a post office consisting of a large number of 25 million won or more,” and accepted the proposal to the effect that “the Defendant would lend a large number of 25 million won or more at a low interest rate,” and then sent it to a place designated by a person who cannot know his/her name by using a post office (C), and then transferred the means of access by informing a person whose name the password of the above account is unknown by telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Details of deposit transactions, each response data on financial transaction information, details of the principal's financial transaction, and application of statutes on telephone calls;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the transferred means of access to various illegal acts, such as financial fraud.

The means of access actually transferred by the defendant was used for financial fraud crimes.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, the defendant is recognized to commit the crime, and the defendant is also the defendant.

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