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(영문) 대구지방법원 서부지원 2018.05.30 2017고단2485
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 May 2017, sent a call to the effect that “it is possible to borrow a loan by accumulating the account transaction performance from a person in an unsound name, and the physical card and password are required to store the transaction performance,” and sentenced the Defendant to transfer the passbook.

There is no reason to allow the Defendant to get a loan by accumulating the fact that the fraud by using another person's account is character and conduct, and for this purpose, the method of return was not determined despite the fact that the Defendant was well aware of the absence of a request for access to electronic financial transactions. On May 18, 2017, the Defendant sent the access media for electronic financial transactions, such as the physical card connected to the Saemaul Treasury C account in the name of the Defendant, to Kwikkset through Kwikset and sent the password to the person without the name by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to D of a copy of the first interrogation protocol for the police;

1. Articles 49(4)1, 6(3)1, and 6(3)1 of the Act on Electronic Financial Transactions concerning criminal facts (the fact that the defendant is against himself/herself at the time of committing the crime of this case, the first crime, and other circumstances shown in the argument of this case shall be considered);

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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