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(영문) 대전지방법원 천안지원 2019.05.29 2019고단856
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer a means of access to any financial institution which makes a transaction request while conducting electronic financial transactions or which is used in order to secure the authenticity and accuracy of users and the details of such transaction, except as otherwise provided.

At around 15:00 on November 30, 2018, the Defendant heard the horses of the false boxes of name, “The head of the Tong is a liquor company, and the head of the Tong is required due to tax issues. If the account number and password are known and the check card is lent, 300-5 million won per transaction shall be traded on the account number, and 90,000 won per transaction shall be given. The ck card shall hear the horses of the false boxes of name, “a request to send them to Kwikkset services, packed together with small books so that the weight can be sense,” and then, the Defendant transferred the means of access to name, by transmitting the C Bank D account number and its password to Kwikset service article under the name of the Defendant, and transmitting the ckset card connected with the above account number to the above Kwikset service engineer.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authenticity and written statements;

1. Application of Acts and subordinate statutes confirming the results of transfers;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as ordered by taking into consideration the following: (a) the Defendant transferred the means of access (the Defendant recognized transfer) causing fraudulent damage; (b) the damage was not recovered; (c) the Defendant led to confession of and reflect against the instant crime; and (d) the Defendant has no record of criminal punishment.

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