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(영문) 대구지방법원 서부지원 2016.11.17 2016고단2030
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 means of access for electronic financial transactions.

Nevertheless, on August 2016, the Defendant received a telephone call from a person who was unaware of his/her name to the effect that “When opening a passbook and informing him/her of his/her passwords, he/she would allow him/her of his/her passwords by using it and allowing him/her to obtain a loan at a low interest rate, and that “the head of a Tong who opened a Tong shall be processed by filing a report on loss later.”

The Defendant did not request a e-mail card and password to obtain facts that the crime of fraud using another person’s account is character and conduct and that it was well known that two accounts are not necessary to secure the performance, but did not provide any security measures to receive the above e-mail card, and notified the name-disceptionist via telephone on the 29th day of the same month of the identification number of the Defendant’s Daegu Bank B and the Nonghyup Bank C account under the name of the Defendant, and then delivered the means of access for electronic financial transactions, such as the e-mail card connected to the said account, to the name-disceptionist through Kwikset Service on the 30th day of the same month.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A duplicate of the statement of the police informant made to the F;

1. Application of Acts and subordinate statutes on postal cards photographs;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, the selection of fines (i.e., a confession and an attitude to reflect in depth) for the selection of criminal facts, and the selection of fines (see, e.g., Supreme Court Decision 200Du1168, Apr. 1, 200

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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