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(영문) 대구지방법원 서부지원 2018.12.12 2018고단1044
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium for electronic financial transactions.

Nevertheless, the Defendant, through a mobile phone around October 2017, received a communication from the end of the phone to the effect that “the Defendant operates a company that procures parts entering solar energy, which may supply KRW 1 million to other companies, and that the physical card and password are necessary to make a transaction.” The Defendant saw the Defendant’s account by transferring it to another company.

Although the defendant knew that the fraud by using another person's account was character and conduct, he did not know the information of the company or the purpose of using the check card and the specific method of getting back the check card. On October of the same year, the defendant sent the check card connected to the company bank B account in the name of the defendant from the 149, Daegu Dong-gu, Dong-ro, Daegu, Dong-ro, Dong-ro, Seoul, to the express bus freight, and opened a medium of access to electronic financial transactions by informing his password to the cell phone.

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. Application of the second enforcement Acts and subordinate statutes to a warrant of transfer, reply materials for warrant, and search and inspection warrant;

1. Articles 49(4)1, 6(3)1, and 6(3)1 of the Act on Electronic Financial Transactions for the crime at issue (including the fact that the defendant is against himself/herself at the time of committing the crime at issue, the fact that he/she has no record of the same kind of crime, and the number of transferred access media and other circumstances shown in the argument at issue);

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 concerning the order of provisional payment;

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