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(영문) 대구지방법원 서부지원 2018.05.16 2017고단2367
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, the Defendant, at the end of May 2017, sent a contact to the effect that the Defendant “to open a passbook and give a password and give it to KRW 1,500,000,000 if he/she is informed of the password,” from a person without the name of the cell phone, and sentenced the Defendant to transfer the passbook.

On May 29, 2017, the Defendant entered the password on the back of the physical check card connected to the D account in the name of the Defendant in the dormitory of “C” located in Sinsan-si B, Sinsan-si, and sent the above physical check card, which is an electronic financial transaction access medium, to the name in the way of sending it to Kwikset through Kwikset Service.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing verification;

1. Articles 49(4)1, 6(3)1, and 6(3)1 of the Act on Electronic Financial Transactions concerning criminal facts (the fact that the defendant is against himself/herself when committing the instant crime; the fact that the defendant is punished once a fine is imposed for the instant crime; the fact that there is no particular criminal history other than criminal punishment of a fine for the instant crime; and other circumstances shown in the argument of the instant case are 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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