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(영문) 대구지방법원 2018.10.16 2018고단3346
전자금융거래법위반
Text

Defendant shall be punished by a fine of five 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 expressly provided for in any other Act, no person shall transfer or acquire any access medium in using and managing any electronic card, electronic information equivalent thereto, certificate, password, and other access medium used in electronic financial transactions.

Nevertheless, on January 30, 2018, the Defendant is a liquor company, and there is a need for a passbook due to tax reduction or exemption.

In order to pay 3 million won to the head of the Tong for three days.

Upon receipt of a proposal to the effect that “the head of a Tong will be given.”

There is no need to return the head of the Tong, and the account will be terminated after three days.

After speaking to the purport that “A” is, around February 1, 2018, the Defendant’s work in Yongcheon-si B sent one passbook connected to the post office account (Account Number: D) in the name of the Defendant to Kwikset service.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the statutes governing the provision of transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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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