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(영문) 대구지방법원 서부지원 2019.05.16 2018고단2392
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

No person shall transfer a cash card which is the means of access to electronic financial transactions issued by a financial institution and a password necessary for using the cash card.

Nevertheless, the Defendant, on July 16, 2018, received text messages from the cellular phone from the deceased and sent a physical card of KRW 3,00,000,000 to the Defendant’s account in the name of the Defendant. However, the Defendant was urged to transfer the physical card connected to the account in the name of the Defendant.

On the same day, the Defendant sent one physical card connected to the Defendant’s name bank account (C) to the Defendant’s health center near the Defendant’s residence located in Daegu-gu, Daegu-gu, and caused the name in person to bring the above physical card, and notified the Defendant of the password by telephone.

Accordingly, the Defendant transferred the means of access to electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning details of transactions by account and E dialogue;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the transferred means of access to various illegal acts, such as financial fraud.

The means of access actually transferred by the defendant was used for financial fraud crimes.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, it is hard to say that the defendant does not repeat again after recognizing the crime.

There are no criminal records against the defendant.

. These defendants.

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