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(영문) 대구지방법원 2018.04.03 2017고단6532
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, on July 31, 2017, the Defendant: (a) received a telephone call from a person in the name of the deceased in Daegu Metropolitan City to the effect that “3 million won per week from the bank account to operate the Internet shopping mall; (b) 6.5 million won per two accounts; and (c) 10 million won per three accounts,” and accepted such call; and (d) accepted the call.

8.4.M. On 102.201, Dong-gu Daegu Metropolitan City, Daegu Metropolitan City B apartment No. 102.201, the head of the physical card linked respectively to the Defendant’s name bank account (C), Daegu Bank account (D), and Saemaul Treasury account (E) assigned Kwikset Co., Ltd. and transferred a password to his name and an access medium for electronic financial transactions by informing Kwikset of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Details of transactions in Daegu Bank and application of Acts and subordinate statutes on transactions in Saemaul Bank;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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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