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(영문) 대구지방법원 2017.06.02 2017고단1369

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

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


Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions.

Nevertheless, on October 19, 2016, the Defendant: (a) received a proposal that “The Defendant would rent KRW 3 million in one head of Tong and KRW 5 million in two pages on the basis of the month on which he/she leased the head of Tong,” from a person who was unaware of the name of the head of Tong on October 19, 2016; and (b) transferred the passbook and the check card, which is an access medium to the account of the National Bank in the name of the Defendant, to the Kwikset service provider who sent the name in front of the building in Daegu-gu, Nam-gu, Daegu, Daegu, to the news articles in front of the Defendant’s name.”

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 on transactions of deposits and withdrawal;

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. For the reason of sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant’s crime of this case requires strict punishment on the transfer of the access medium used for the so-called “singishing,” which helps an unspecified number of victims of fraud.

However, there is no criminal history of criminal punishment against the defendant, the defendant seems to have no profit from the crime of this case, considering the fact that the defendant is against the defendant, and the conditions of all kinds of sentencing prescribed in Article 51 of the Criminal Act, such as age and sexual conduct, shall be comprehensively taken into account.