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(영문) 대구지방법원 서부지원 2018.05.10 2017고단3024
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 acquire any access medium for electronic financial transactions.

Nevertheless, the Defendant, through a mobile phone around May 10, 2017, sent a cell phone call to the effect that “the person in charge of a liquor company is in need of another person’s account in order to reduce taxes, and the account number and password are known to the head of the household, who would bring the Defendant’s account to KRW 3 million each month by 100,000 won per account.”

Defendant for the same year

5. On the street in front of the “Cubia Council member” in the Daegu-gu Office B, Daegu-gu, sent a passbook and check card connected to the post office D account under the Defendant’s name through Kwikset Service, and sent a medium of access to electronic financial transactions to a person without a name, by informing him of a password via telephone.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Details of financial transactions;

1. Application of reply statutes to requests for the provision of 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. 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.

However, the defendant's mistake is recognized and is against the defendant, and the defendant has no record of punishment for the same kind or suspension of execution or more shall be considered as favorable circumstances.

In addition, all 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 comprehensively taken into account.

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