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(영문) 대구지방법원 서부지원 2020.04.17 2019고단2680
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 the means of access to electronic financial transactions.

On June 4, 2019, the Defendant listened to the phrase “to lend a loan if he send a e-mail card to withdraw interest,” from a person whose name was unknown, and without securing at all a guarantee method of return of the e-mail card around June 4, 2019, the Defendant sent the e-mail card of the Defendant’s name B (C) to a person whose name was not known through the e-mail service, and notified the password of the above account by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on the details of text messages, such as the details of text messages, financial transaction information meetings and carkaoo conversation;

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, such as the instant crime for sentencing under Article 334(1) of the Criminal Procedure Act, as the case of the instant crime, requires strict punishment as an act assisting another crime, such as the singishing fraud, 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 singishing fraud, and the fact that the Defendant recognized the facts of the crime and divided the facts of the crime, the fact that the Defendant did not have any record of punishment for the same crime, and that there was no record of punishment exceeding the fine, etc., shall be determined as ordered

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