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(영문) 대구지방법원 서부지원 2018.08.08 2017고단3021
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 2017, the Defendant is an OK Savings Bank, which is a mobile phone from a person who has no name.

When sending a e-mail card, it is intended to execute a loan.

“The contact was received to the effect that “.......”

Although the Defendant was well aware of the fact that the fraud using another person’s account is character and that there was no request for a physical card and password in order to obtain a loan, the Defendant, at around March 18, 2017, sent the physical card related to the name in the Defendant’s residence located in Seo-gu, Daegu-gu, Seo-gu, as Kwikset Service, to the Defendant’s post office account (C) and notified the Defendant of the password, and did not provide any guarantee device to receive the above transmission of the physical card.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transaction details, Kakao Stockholm dialogue details, and Kakao Stockholm dialogue details

1. Articles 49(4)1, 6(3)1, and 6(3)1 of the Act on Electronic Financial Transactions concerning criminal facts (the fact that the defendant is against himself/herself at the time of committing the crime of this case, the first crime, and other circumstances shown in the argument of this case shall be considered);

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

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

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