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(영문) 대구지방법원 서부지원 2018.11.21 2018고단824
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

No person shall transfer or acquire any access medium for electronic financial transactions.

Nevertheless, around December 6, 2017, the Defendant, through a mobile phone, sent a cell phone call to the effect that “I need another person’s account to receive tax reduction or exemption, and I would like to offer the account number and password to KRW 2 million per one account if I inform that I would like to receive the account number and password.”

On December 7 of the same year, the Defendant, at the Daegu Seo-gu Jung-gu, sent the physical card and password connected to the B bank account in the name of the Defendant to the name in the way of sending the physical card and password to the B bank account in the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of details of separate transactions by account and reply statutes related to the provision of financial transaction information;

1. Articles 49(4)2 and 6(3)2 of the Act on the Electronic Financial Transactions, the selection of fines for criminal facts (the nature of the crime of this case is unlimited, but it is against the defendant when committing the crime of this case, the fact that the defendant is committing the crime of this case, the fact that the profit gained from the crime of this case is not significant, the primary crime, and other circumstances shown in the argument of this case)

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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