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(영문) 대구지방법원 서부지원 2018.06.19 2017고단2645
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

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 September 3, 2017, received a contact from the Defendant to the effect that “it is possible to borrow a loan by accumulating the account transaction performance, and the physical card and password are required to store the transaction performance,” and sentenced the Defendant to transfer the passbook.

The Defendant did not allow a third party to obtain a loan by accumulating the fact that the fraud by using another person’s account is character and conduct, and the method of return was not determined despite the fact that the Defendant was well aware of the absence of a request for access to electronic financial transactions for this purpose. At around 12:00 on the same day, the Defendant sent Kwikset-based access media for electronic financial transactions, such as physical cards connected to the Defendant’s national bank C account in the name of the Defendant, through Kwikkset-based service, and sent passwords to the nameless person by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes on financial transactions, inquiry of customer information, and details of financial transactions;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

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

1. Since the act of transferring the media access to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of other crimes, it shall be strictly punished. However, considering all the circumstances, including the fact that the defendant recognized his/her mistake and reflects, the defendant did not have any record of committing the same kind of crime, nor was he/she was punished for suspended execution or heavier, and there was no criminal record from 2006, it shall be sentenced as per the disposition.

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