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(영문) 대구지방법원 서부지원 2016.12.09 2016고단1856
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

Around May 2016, the Defendant received text messages from a person who was unaware of his name to the effect that “it is an employee of a liquor company, who is in need of multiple accounts to less pay taxes, and if he is informed of the password, he will give a 200,000 won monthly fee.”

Around June 27, 2016, the Defendant promised to receive KRW 200,000 per month from a person who was in default of his/her name by telephone from the person who was in default of his/her name, and notified the person who was in default of his/her name of the password of the new bank account under the name of the Defendant, and sent the means of electronic financial transactions, such as the physical card connected to the said account through Kwikset Service.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the third protocol of examination of suspect to the prosecution regarding E;

1. Application of the F of the Act and subordinate statutes to the police statement;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

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

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