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(영문) 대구지방법원 서부지원 2016.04.27 2016고단289
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 any access medium in using or managing any access medium for electronic financial transactions.

Nevertheless, on October 7, 2015, the Defendant: (a) received KRW 3 million from a person in an influence of name in the fluence of Daegu-si, Daegu-si, Daegu-si; (b) notified the password of the post office account in the name of the Defendant via telephone; and (c) sent the check card to the above person influence of name via Kwikset Service Articles.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

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 a certificate of deposit verification (post office B), investigation report (Submission of suspect A transaction statement), and reply to a request for financial transaction information;

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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