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(영문) 대구지방법원 서부지원 2017.09.28 2017고단768
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, around October 2016, the Defendant sent a physical card connected to the Agricultural Cooperative Account in the name of the Defendant via Kwikset Service Articles (D) on the roads near the C office, a company where the Defendant in Daegu Northern-gu, Inc. works, and around that time, notified the account number and telephone number of the said account to the above names in the telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Details of account transactions, details of a warrant of search and inspection of a financial institution, and application of statutes on text messages printed out;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentence of a fine like the order shall be determined by taking into consideration the following factors: (a) the defendant has no criminal record identical to that of the defendant with the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the fact that there exists no economic benefits acquired in the instant case; (c) economic difficulties; and (d) the transferred access media;

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