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(영문) 대구지방법원 김천지원 2015.11.18 2015고단983
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or acquire any electronic card or similar electronic information and password, etc. of an electronic financial transaction, or establish a pledge right thereon.

Nevertheless, around May 7, 2015, the Defendant transferred physical cards and passwords connected to the new bank account (B) under the name of the Defendant in front of the new bank in the Gu-U.S. Si-si (S.), using Kwikkset services, using Kwikset service, to the person with no right to access the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the internal investigation report (limited to the attachment of a detailed statement of passbook transaction), and the statement of passbook transaction;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is highly likely to have an adverse impact on society by not only undermining the safety and reliability of electronic financial transactions, but also undermining the safety and reliability of the crimes such as so-called Bosing, etc.

Meanwhile, there are circumstances to consider the defendant, such as the fact that the defendant recognized the crime of this case and divided his mistake, the fact that the defendant seems to have no benefit from the crime of this case, and that the defendant is the first offender who has no power of criminal punishment, etc.

In addition, the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, circumstances after the crime of this case, etc. shall be comprehensively considered and the conditions of various sentencing specified in the records and arguments of this case shall be determined as ordered.

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