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(영문) 대구지방법원 서부지원 2018.04.26 2017고단2864
전자금융거래법위반
Text

Defendant shall be punished by a fine of five 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 take over any access medium or receive any access medium in return for the promise to receive any consideration, and lend or take over such an access medium.

Nevertheless, on June 21, 2017, the defendant sent a copy of the head of the Tong and a certificate of official approval so that he/she can increase credit rating for lending from a person in a nameless, and received a proposal to inform him/her of his/her password, and sent a copy of the head of the Tong connected to his/her bank account (B) through e-mail a copy of the passbook, a certificate of official approval and its password

was issued.

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 C;

1. Application of Acts and subordinate statutes to report internal investigation (attached to warrant materials for seizure of agricultural cooperatives);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. Strict punishment is required for the transfer of media access to the sentencing of Article 334(1) of the Criminal Procedure Act, which can be abused as a means of other crimes, such as scam, etc.

In fact, there was fraud damage related to the defendant's access media transferred by the defendant.

In addition, the defendant is not likely to be subject to criticism because he/she committed the crime of this case again in the state of criminal trial due to the same crime.

However, the defendant's mistake is recognized and is against the defendant, and the defendant has no record of punishment other than the punishment that has been finally determined by the above criminal trial, etc. shall be considered as favorable to the defendant.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relations, etc., shall be determined as the order.

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