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(영문) 대구지방법원 서부지원 2020.05.20 2019고단2739
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 or acquire a means of access in using and managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, at around 19:00 on July 25, 2019, the Defendant received a proposal that “a loan will be made, and as it does not lend money to an individual, it would not interfere with the loan regularly, so the Defendant sent the card from which principal and interest are deposited to the account of the Daegu Bank (C) under the name of the Defendant and transferred the means of access under the Electronic Financial Transactions Act by delivering one check connected to the account of the Daegu Bank (C) under the name of the Defendant.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on receipts, details of financial transactions, and text messages;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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

1. The act of transferring the means of access used in electronic financial transactions, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, like the instant crime, requires strict punishment as an act assisting another crime, such as the crime of Bosing fraud, etc., considering the circumstances unfavorable to the Defendant, such as the fact that the cream card that the Defendant transferred and the account of the Defendant linked thereto was actually used for the crime of Bosing fraud, and the fact that the Defendant recognized the facts of the crime and divided the facts of the crime, and that there was no record of criminal punishment, etc., shall be determined as per Disposition in consideration of the circumstances favorable

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