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(영문) 대구지방법원 서부지원 2019.05.23 2018고단2432
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 person shall transfer the means of access to electronic financial transactions.

The Defendant received a proposal from a person whose name is unknown on June 18, 2018, stating that “The Defendant is seeking an account to receive a refund of earth and funds, and will offer three million won per account.”

6. At around 18:00, 21. On the road in the Namgu-gu, Daegu-gu, the Cze Card and one head of the passbook connected to the D account under the Defendant’s name (E) and the head of the passbook were dried and informed of the password.

Accordingly, the Defendant transferred the means of access to electronic financial transactions to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to photographs by sending replies to requests for the provision of financial transaction information, sending a photograph of conversation, and capturing letters;

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, it is hard to say that the defendant does not repeat the crime again, and it seems that the actual damage has not occurred due to the suspension of payment by financial institutions, and the fact that the defendant does not have any criminal records subject to punishment is favorable to the defendant.

The sentence was determined as the order by actively taking into account the circumstances favorable to the defendant.

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