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(영문) 대구지방법원 서부지원 2018.10.17 2018고단516
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.

On November 2, 2017, the Defendant, via a mobile phone, sent a third party’s account to the effect that “I need another person’s account to obtain tax reduction or exemption,” and, if you know the account number and password, I thought the Defendant to transfer the Defendant’s account to the effect that “I will offer KRW 3 million per account.”

On November 10, 2017, the Defendant sent the physical card connected to the C bank D account under the name of the Defendant to the home of the Defendant in Daegu-gu, Daegu-gu, by means of sending the physical card connected to the C bank D account under the name of the Defendant, and by telephone informing the password, sent the electronic financial transaction access media to the nameless person.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to reply to the execution of a search and inspection warrant;

1. Relevant Articles 49(4)1 and 6(3)1 of the Act on the Electronic Financial Transactions, the selection of fines for criminal facts (including the fact that the defendant is against himself/herself when committing the instant crime, the primary fact, the number of media transferred access, and other circumstances shown in the instant argument)

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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