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(영문) 대구지방법원 서부지원 2018.06.19 2017고단2756
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 any access medium for electronic financial transactions.

Nevertheless, on July 14, 2017, the Defendant, through a mobile phone from the name-free person on the A.M., received a contact from the Defendant to the effect that “it is possible to borrow a loan by accumulating the account transaction performance, and it is necessary to keep the check card and password to store the transaction performance,” and sentenced the Defendant to the transfer of the passbook.

The Defendant did not allow a third party to obtain a loan by accumulating the fact that the fraud by using another person’s account is character and conduct, and the method of return was not determined even though it was well known that there was no request for access to electronic financial transactions for this purpose. On the top of the Defendant’s house located in Daegu-gu, Daegu-gu, Daegu-gu, around 15:00 on the same day, the Defendant sent a nameless person by sending Kwikset-based access media for electronic financial transactions, such as physical cards connected to the Defendant’s new bank C account in the name of the Defendant.

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 D;

1. Written statements of D;

1. Application of statutes on financial transaction details;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

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

1. Since the act of transferring the media of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of other crimes, it shall be strictly punished. However, the defendant's mistake and reflects his own mistake in 2004, and the defendant shall be sentenced as ordered by taking into account all the circumstances including the fact that there is no particular criminal history other than the punishment imposed for a fine of one million won due to a violation of the Road Traffic Act (driving) in 2004.

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