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(영문) 대구지방법원 서부지원 2018.12.18 2018고단1408
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 the access medium unless otherwise expressly provided for in other Acts in using and managing the access medium under the Electronic Financial Transactions Act.

Nevertheless, at around 13:50 on April 2, 2018, the Defendant: (a) sent a physical card linked to the bank account (C) under the name of the Defendant using the post office’s home page to the Seoul Dongdaemun-gu Seoul, on the condition that the Defendant was granted a loan by accumulating the transaction performance from the non-named person; (b) transferred the number and password of the said account to the non-named person in the form of a text message; and (c) transferred the access medium by transferring the number and password to the non-named person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E’s written petition;

1. Certificates of deposit confirmation and replies to details of financial transactions of banks;

1. Application of Acts and subordinate statutes to text message photographs and photographs of post office selection photographs;

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. In full view of all the circumstances, including the fact that the act of transferring a media access to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act is abused as a means of other crimes, the fact that actual damage occurred due to the Defendant’s crime using the access media of this case transferred by the Defendant, the fact that the Defendant does not repeat the crime while recognizing and opposing the mistake, the first offender, the fact that the economic situation is difficult, the process of the crime, and the prosecutor’s punishment, etc., the sentence is ordered as per Disposition.

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