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(영문) 대구지방법원 서부지원 2018.10.02 2018고단1752
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium for electronic financial transactions.

Nevertheless, on April 11, 2018, the Defendant sent a physical card connected to the account from a person without his/her name to the effect that he/she “on lending KRW 3 million if he/she is informed of the password,” and sent the Defendant’s account to the convenience store located in Daegu Suwon-gu B, with a view to transferring the Defendant’s account; on the same day, he/she sent a physical card connected to the D bank account under the Defendant’s name to the name in the name without his/her name, and notified the Defendant of the password by telephone.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 3, 6, 7 of the list of evidence);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a selective fine for punishment (such as: (a) the Defendant’s attempt to commit the instant crime and is against the Defendant; (b) there is no record of punishment against the Defendant; and (c) the Defendant’s payment of KRW 1 million to the defrauded regarding the instant access media and agreement thereon; and

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

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

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