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(영문) 대구지방법원 서부지원 2018.07.11 2018고단78
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 September 7, 2017, the Defendant would provide a loan to the Defendant when sending a physical card, etc. from a person who has no name.

“Around 15:00 on the same day, at Kwikset-gu, Daegu-gu, Daegu-gu, Kwikset-gu, sent a physical card connected to the Defendant’s name’s Daegu bank account (B) and sent a password necessary for the use of the physical card by telephone, without securing the method of guaranteeing the right to receive the physical card, even though it is well aware that the fraud using another’s account is character and that there is no case to request the check and password in order to obtain the loan.

Accordingly, the Defendant transferred the electronic financial transaction access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Details of transactions of automation machinery, details of transactions of new free savings deposits, application of Acts and subordinate statutes on personal financial transactions;

1. Articles 49(4)1, 6(3)1, and 6(3)1 of the Act on Electronic Financial Transactions for the crime (the fact that the defendant is against himself/herself at the time of committing the crime of this case, the fact that he/she has no record of being punished for the same 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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