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(영문) 대구지방법원 서부지원 2018.04.24 2017고단2282
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 any access medium in the use and management of such medium.

Nevertheless, on December 7, 2016, the Defendant would pay KRW 200,000 per month to the head of the Tong in order to require the head of the Tong due to tax reduction or exemption by telephone from a person who is in the name of the accused in the Defendant’s residence.

“In receipt of the proposal, without setting the time and method of return of the passbook, the above proposal was accepted, and thereafter, the account number and password of the post office account (B) in the name of the defendant was notified, and the above account was sent through Kwikset Service Articles to the person with no name.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A victim management register, receipts, search and inspection warrant;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

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 provides that an act of transferring a media access to the grounds for sentencing may be abused as a means of another crime, and thus, should be strictly punished. However, considering the fact that the Defendant recognized his mistake and reflects the Defendant, and that the Defendant is an initial offender who has no record of the crime, the sentence is ordered as above.

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