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(영문) 대구지방법원 서부지원 2018.04.24 2017고단2322
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

On June 1, 2017, the Defendant is a mobile phone from a person who is in a name in the name of the Defendant, and is a modern Capital B’s agent.

When sending a e-mail card, it is intended to implement a loan by raising the transaction performance.

“The contact was received to the effect that “.......”

Although the Defendant was well aware of the fact that fraud by using another person’s account is character and conduct and that there was no request for a physical card and password in order to obtain loans, on June 1, 2017, the Defendant sent a password to the Defendant’s Daegu Bank Account (E) via Kwikset and one copy of the physical card linked to the Defendant’s Daegu Bank Account (E) and the Defendant’s Bank Account (F) through Kwikset and did not provide any guarantee device to receive the above transmission of the physical card.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A document of G, a written statement and written statements of G, and a certificate of deposit transactions;

1. The petition of H, the statement of H, the inquiry of the results of transfer, and the details of letters;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of transferring media access to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act ought to be strictly punished as a means of other crimes. However, in light of the fact that the Defendant recognized his/her mistake and reflects himself/herself, and that the Defendant has no record of identical crimes and has a previous record of fine, it is ordered as per the disposition.

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