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(영문) 대구지방법원 서부지원 2020.01.09 2019고단2085
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 acquire a means of access in using and managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, at around 14:00 on June 4, 2019, the Defendant received a proposal from a person who was unaware of his name to offer a loan if he sent a copy of his identification card and a e-mail card from a person who was not aware of his name, and sent the means of access under the Electronic Financial Transactions Act by delivering a e-mail card connected to the account of the Cbank (D) in the name of the Defendant through Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A certificate of confirmation, and the application of the Acts and subordinate statutes on warrant answer materials;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the act of transferring a means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the nature of the crime is not good, and the fact that the means of access transferred by the defendant was actually used for the crime of fraud is disadvantageous.

However, in light of all the sentencing conditions shown in the arguments of this case, including the defendant's confession, mistake, the defendant did not have any profit by the crime of this case, the damage amount was recovered to the victim, the defendant was a primary offender who has no record of criminal punishment, the defendant's age, character and conduct, environment, family relationship, means and result of the crime of this case, and circumstances after the crime, etc., the punishment shall be determined as ordered.

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