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(영문) 대구지방법원 서부지원 2018.05.14 2018고단297
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

Nevertheless, on September 21, 2017, the Defendant sent one physical card connected to the account of the National Bank in his name (D) in Daegu-gu, Daegu-gu, Daegu-gu, to the name in the name in the name of the Defendant, using a house, and notified the password by telephone.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes regarding search and seizure warrants and replys and transaction confirmation certificates;

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. Strict punishment is required for the transfer of media access to the sentencing of Article 334(1) of the Criminal Procedure Act, which can be abused as a means of other crimes, such as scam, etc.

In fact, there was fraud damage related to the defendant's access media transferred by the defendant.

However, the defendant's mistake is recognized and reflected, and the defendant has no same criminal history, etc. shall be considered as a favorable situation.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.

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