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(영문) 대구지방법원 서부지원 2016.04.27 2016고단275
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium.

Nevertheless, on October 21, 2015, the Defendant transferred a e-mail card connected to the new bank account under the name of the Defendant at the Daegu High Bus Terminal located in 06:40, Daegu-gu, Daegu-gu, 4,329-3, using the cargo consignment, and notified the card password and the account number by telephone.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement C, D, and E;

1. Application of the Acts and subordinate statutes to replys (transaction details in Defendant’s name);

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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only impairing the safety and trust of financial transactions, but also can be abused as a means of other crimes. The access media transferred by the defendant is also used for actual fraud, etc.

However, in light of the fact that the Defendant led to the instant crime, the primary offender who has no record of the relevant crime, and the fact that the cost of lending the access media seems not to have been actually paid, and other factors, such as the Defendant’s age, the circumstances leading to the instant crime, and the circumstances after the instant crime, etc., the punishment as ordered shall be determined by taking into account all the

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